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Tenant's appeal of eviction for illegal acts dismissed; no procedural unfairness in proceeding in her absence.
The appellant tenant appealed a decision of the Landlord and Tenant Board terminating her tenancy and ordering her eviction after her sons were arrested in the unit for possessing an illegal handgun and drugs.
The appellant argued she was denied procedural fairness when the Board proceeded with the hearing in her absence after she left to seek medical attention for a toothache without waiting for a ruling on her adjournment request.
The Divisional Court dismissed the appeal, finding no breach of natural justice in proceeding in her absence and no error in the Board's conclusion that possessing an illegal handgun impaired the safety and reasonable enjoyment of other tenants.
