The appellant tenants appealed an eviction order from the Landlord and Tenant Board, arguing that one of the co-tenants was denied due process because her name was omitted from the ex parte eviction application and subsequent order.
The Divisional Court dismissed the appeal, finding that the omission was a clerical error, the co-tenant had notice of the proceedings, and she suffered no prejudice.
The court ordered the eviction order amended to add the co-tenant's name nunc pro tunc.
