The tenant appealed an eviction and rent arrears order from the Landlord and Tenant Board, arguing he never received notice of the hearing because it was sent to the wrong email address.
The Landlord and Tenant Board consented to the appeal, while the landlord opposed it but provided no contradictory evidence.
The Divisional Court allowed the appeal based on a denial of procedural fairness, set aside the order, and directed a new hearing with proper notice.