The tenants appealed a Landlord and Tenant Board decision dismissing their application regarding the landlord's alleged illegal entry and interference.
The dispute centered on whether the basement was included in the lease.
The Board found that although the tenants initially believed the basement was included, they accepted occupancy knowing it was excluded.
On appeal, the tenants argued the Board erred by not applying the contra proferentem principle to the written lease.
The Divisional Court dismissed the appeal, holding that under the Residential Tenancies Act, the Board is required to ascertain the real substance of the transaction and was not limited to the written lease.
The tenants failed to demonstrate an error of law.
