The tenants appealed a review order of the Ontario Rental Housing Tribunal that awarded rent arrears to the landlord subject to an abatement for heating costs and repairs.
The tenants raised several grounds of appeal, including allegations of bias, lack of full disclosure, unfair hearing due to the landlord's agent testifying, and failure to consider s. 84 of the Tenant Protection Act.
The Divisional Court dismissed the appeal, finding no evidence of bias or lack of disclosure, and noting that the agent only testified on undisputed matters.
The court also found that s. 84 was implicitly considered, as the tenants had impeded the landlord's efforts to make repairs.
