The landlord appealed a Landlord and Tenant Board decision finding they illegally locked out the tenant by failing to provide replacement keys after the rental unit was repaired following a fire.
The landlord argued the tenancy was frustrated, the remedy was miscalculated, and the Board denied procedural fairness.
The Divisional Court dismissed the appeal, finding the frustration and remedy issues were questions of mixed fact and law not subject to appeal, and the Board properly exercised its discretion regarding procedural fairness and bias allegations.
