The appellant tenant appealed a Landlord and Tenant Board order terminating her tenancy for the landlord's mother's personal use.
The tenant argued that the absence of a hearing recording and the Board member's curtailment of cross-examination breached procedural fairness.
The Divisional Court dismissed the appeal, finding that the affidavit evidence provided an adequate record for review, the Board member reasonably limited irrelevant questioning, and the Board properly considered the tenant's circumstances under s. 83(2) of the Residential Tenancies Act.
