The appellant appealed and sought judicial review of a Landlord and Tenant Board decision finding that the Residential Tenancies Act applied to her relationship with the respondent.
The appellant claimed she lived in the unit and shared a kitchen, which would exempt her under s. 5(i) of the Act.
The Board accepted the respondent's evidence that the appellant did not live on the premises.
The Divisional Court dismissed the appeal and judicial review, finding no error in the Board's assessment of the evidence or its refusal to admit fresh evidence under the Palmer test.
