Nan Padmanathan

The landlord sought an extension of time to appeal a Landlord and Tenant Board decision which found he had illegally evicted the tenant following a flood.

The Divisional Court dismissed the request for an extension, finding that the proposed appeal lacked merit because it only challenged the Board's findings of fact regarding whether the tenant had abandoned the unit, whereas appeals under the Residential Tenancies Act are restricted to questions of law.

The tenant appealed a Landlord and Tenant Board decision that found it lacked jurisdiction to order his return to a rental unit after he was evicted.

The landlord had obtained an eviction order claiming her disabled son needed the unit, but the tenant was not notified of the hearing.

The Board later granted a review but refused to reinstate the tenant based on the landlord's unsworn statement that her son was occupying the unit.

The Divisional Court admitted fresh evidence showing the landlord had actually re-rented the unit to a third party at a higher rent.

The Court allowed the appeal, finding the Board erred in law and breached procedural fairness by relying on unsworn, false statements.

The Court ordered the tenant immediately reinstated to the unit and remitted the issue of further remedies for the landlord's abuse of process back to the Board.

The tenant brought a motion for interim relief pending his appeal of a Landlord and Tenant Board decision.

The tenant had been evicted based on the landlord's claim that her son required the unit, but the tenant presented new evidence suggesting the unit was re-rented to a non-family member.

The court found a serious issue to be tried regarding procedural fairness and the Board's jurisdiction.

Balancing the factors, the court granted an interim order prohibiting the landlord from re-renting or changing the current use of the premises by family members until the appeal is heard, and expedited the appeal.