The landlord appealed a decision of the Landlord and Tenant Board declining to evict the tenants under s. 83(1) of the Residential Tenancies Act.
At the hearing, the landlord abandoned his original grounds of appeal and sought leave to argue a new ground, claiming the Board failed to consider unfairness to the landlord.
The Divisional Court denied leave to raise the new ground, noting the Board was deprived of the opportunity to address it.
In any event, the court found the new ground lacked merit, as the record demonstrated the Board had properly considered the circumstances of both the landlord and the tenants.
The appeal was dismissed.
