The landlord appealed a Landlord and Tenant Board decision dismissing its application to evict the tenant and recover damages for a fire.
The Board found the fire was caused by a discarded cigarette butt from elsewhere, not by the tenant, which the Divisional Court held was an unappealable finding of fact.
Although the tenant breached the lease by failing to maintain liability insurance, the Board granted relief from eviction under s. 83 of the Residential Tenancies Act.
The Divisional Court found no reason to interfere and dismissed the appeal.
