The tenants appealed an order of the Landlord and Tenant Board terminating their tenancy after they were found ineligible for geared-to-income rent due to alleged misrepresentation of assets.
At the Board hearing, the tenants attempted to raise the issue of harassment by the landlord's property manager, but the Board refused to consider it because it was not raised two weeks prior to the hearing.
The Divisional Court allowed the appeal, finding that the Board erred in law because section 82 of the Residential Tenancies Act requires the Board to permit a tenant to raise any issue that could be the subject of a tenant application.
The Board's order was set aside.