The tenant appealed an order of the Landlord and Tenant Board refusing to set aside an eviction order, arguing she was the true owner of the property and the landlord held legal title due to fraud.
The Divisional Court dismissed the appeal, finding it lacked jurisdiction because the appeal did not raise a question of law under s. 220 of the Residential Tenancies Act, 2006, but rather sought to re-litigate factual findings.
The court also refused to admit fresh evidence, noting it merely attempted to contradict the Board's factual findings, which the court could not review.
