The tenant appealed a Landlord and Tenant Board decision terminating her tenancy for rent arrears.
At the hearing, the tenant sought to raise maintenance issues under s. 82(1) of the Residential Tenancies Act but provided only four days' notice instead of the required five.
The tenant argued that because the fifth day prior to the hearing fell on a Sunday, the time to serve notice was extended to Monday.
The Divisional Court dismissed the appeal, holding that the holiday extension rule did not apply because the notice requirement was to serve 'at least' five days prior, meaning nothing expired on the Sunday.
The Board's discretionary refusal to hear the issues was upheld.
