Viviane Kone

The appellant appealed a Landlord and Tenant Board decision, arguing the Board erred in law by finding that condominium fees paid to a third party did not constitute rent and that no tenancy agreement existed.

The Divisional Court dismissed the appeal, holding that the Board's conclusions were determinations of mixed fact and law, not pure questions of law, and therefore outside the court's appellate jurisdiction.

The court also rejected arguments regarding procedural fairness and awarded costs to the respondent.

The tenant appealed a decision of the Landlord and Tenant Board.

The Divisional Court expressed dismay that the appellant failed to file a proper record, transcripts, or exhibits, and instead filed an affidavit without moving to admit fresh evidence.

The respondent also filed an affidavit improperly.

The court adjourned the appeal, imposing tight timelines for the appellant to order transcripts and perfect the appeal, and ordered no costs to date.

The tenant, who suffers from mental illness, appealed a decision of the Landlord and Tenant Board.

The Divisional Court found that the Board failed to accommodate the tenant's disability by refusing to grant a second adjournment, which prevented her from fully and fairly participating in the process.

The appeal was allowed, the Board's decision was set aside, and the matter was remitted for a fresh hearing.