The landlord appealed a decision of the Landlord and Tenant Board, arguing it was denied natural justice when the Board refused its request for an adjournment.
The landlord had requested the adjournment because its representative was unavailable, but provided no evidence or explanation for the unavailability.
The Divisional Court dismissed the appeal, finding that the Board did not err in principle by refusing the adjournment, as the landlord provided no plausible explanation and the prejudice was of its own making.
One judge dissented, arguing the Board failed to balance the prejudice to both parties.