The tenant appealed a Landlord and Tenant Board order terminating her tenancy for persistently failing to pay rent on time.
The tenant sought to introduce fresh evidence and argued the Board erred in law by refusing to consider the landlord's conduct under section 82 of the Residential Tenancies Act and by denying her natural justice.
The Divisional Court dismissed the motion for fresh evidence as it did not meet the Palmer test.
The court dismissed the appeal, finding no error of law, as section 82 did not apply to a termination under section 58, and the Board had provided procedural fairness and properly exercised its discretion under section 83.
