The appellant appealed a Landlord and Tenant Board (LTB) decision denying her an extension of time to request a review of an order finding her jointly liable for rent arrears.
The appellant argued she was denied procedural fairness because she received no notice of the original LTB hearing and only learned of the order months later when served with a civil claim.
The Divisional Court allowed the appeal, finding that the LTB's failure to address the central issue of procedural fairness in its reasons constituted an error of law.
The matter was remitted to the LTB to determine whether the appellant was accorded natural justice.
