The appellant appealed a Landlord and Tenant Board (LTB) order that denied her request to review an earlier eviction order.
The LTB had found that the appellant was a squatter who broke into the rental unit after the named tenant was incarcerated, and that she was not an assignee or authorized occupant.
The Divisional Court dismissed the appeal on jurisdictional grounds, holding that under s. 210(1) of the Residential Tenancies Act, appeals are restricted to questions of law.
The appellant's arguments regarding whether she was an assignee or whether s. 104(4) applied involved questions of fact and mixed fact and law.
The court lifted the stay of the eviction order but delayed its enforcement for three months, and awarded the respondent $3,000 in costs on an elevated scale due to the appellant's dilatory conduct and rent-free occupation.
