The appellants appealed a decision of the Ontario Rental Housing Tribunal terminating their tenancies and ordering their eviction under s. 65(1) of the Tenant Protection Act.
Police had executed search warrants and found illegal firearms and drugs in the appellants' units, leading to the arrest of family members and guests.
The appellants argued they were unaware of the illegal items and that s. 65(1) should be interpreted as a strict liability offence allowing a due diligence defence.
The Divisional Court dismissed the appeal, holding that s. 65(1) does not incorporate a fault element or due diligence defence, and that the Board reasonably exercised its discretion under s. 83 to refuse relief from eviction.
