The appellant tenant appealed a Landlord and Tenant Board decision ordering her eviction so the landlords' daughter could move into the unit.
The tenant argued she was denied procedural fairness and that the Board erred in applying the genuine intention test and refusing relief from eviction.
The Divisional Court dismissed the appeal, finding no denial of procedural fairness, no error in the Board's application of the genuine intention test under s. 48(1) of the Residential Tenancies Act, and no error in refusing relief under s. 83(3).