The appellant appealed a final order of the Landlord and Tenant Board terminating his tenancy and evicting him so the landlord could demolish the building.
The appellant argued the Board exceeded its jurisdiction by determining he was not a co-owner of the property, an issue he had raised in a concurrent Superior Court action.
The Divisional Court dismissed the appeal, finding the Board had exclusive jurisdiction to determine if the appellant was a 'tenant' under the Residential Tenancies Act, which required assessing if he occupied the unit as a co-owner.
The Court held the Board's conclusion was reasonable and would not cause a multiplicity of proceedings, as the Board only determined legal ownership for tenancy purposes, leaving the Superior Court to adjudicate the appellant's claim for an equitable interest.
