The tenant appealed a decision of the Landlord and Tenant Board terminating his tenancy after the Board found he had assaulted the building superintendent.
The tenant argued the Board erred in law by failing to consider his personal circumstances, including his lack of a criminal record, financial situation, and ties to the community, as required by section 83 of the Residential Tenancies Act.
The Divisional Court dismissed the appeal, finding that the tenant had adduced little to no evidence on these factors before the Board, and the Board had properly considered section 83 based on the evidentiary record before it.
