L. Naidoo

The appellants, occupants of campsites at a campground owned by the respondent, appealed decisions of the Landlord and Tenant Board finding that the Residential Tenancies Act, 2006 did not apply to their occupancy.

The appellants sought extensions of time to appeal the Board's final order, an order refusing to extend time for review, and an order denying review.

The Divisional Court held it lacked jurisdiction to hear appeals of the extension and review orders as they were interlocutory.

While the court granted an extension of time to appeal the final order, it dismissed the appeal on the merits, finding that the Board member's extensive copying of legal context from a previous decision did not amount to procedural unfairness or demonstrate a lack of independent adjudication.

The appellant landlord appealed a Landlord and Tenant Board review decision that declined to set aside an initial order finding she issued a bad faith N12 eviction notice.

The appellant argued she was denied procedural fairness because she did not receive notice of the initial hearing, as it was sent to an incorrect mailing address and to her email's spam folder.

The Divisional Court admitted fresh evidence showing the LTB relied on an outdated lease, but ultimately dismissed the appeal.

The court held that the LTB's finding that the appellant failed to exercise due diligence by not monitoring her email, which she had authorized for service, was a question of mixed fact and law outside the court's appellate jurisdiction.