M. Zarnett

The appellant tenant appealed a decision of the Landlord and Tenant Board terminating her tenancy and ordering her eviction after her sons were arrested in the unit for possessing an illegal handgun and drugs.

The appellant argued she was denied procedural fairness when the Board proceeded with the hearing in her absence after she left to seek medical attention for a toothache without waiting for a ruling on her adjournment request.

The Divisional Court dismissed the appeal, finding no breach of natural justice in proceeding in her absence and no error in the Board's conclusion that possessing an illegal handgun impaired the safety and reasonable enjoyment of other tenants.

The respondent landlord brought a motion to lift the automatic stay of a Landlord and Tenant Board eviction order pending appeal, or alternatively for an order requiring the appellant tenant to pay rent arrears and ongoing rent.

The tenant had not paid rent since the LTB order but expressed willingness to pay the arrears into court.

The Divisional Court declined to lift the stay but ordered the tenant to pay the LTB order amount, accumulated arrears, and ongoing monthly rent into court pursuant to section 134(2) of the Courts of Justice Act.

The court also imposed a strict timetable for the tenant to perfect the appeal, failing which the appeal would be dismissed and the stay lifted.