William A. Florence

The tenants appealed an eviction order from the Landlord and Tenant Board, arguing the N5 notice of termination was void due to technical defects, specifically a missing bullet point and the inclusion of both repair and replacement costs.

The Divisional Court dismissed the appeal, finding the Board reasonably concluded the notice was compliant with the Residential Tenancies Act because a reasonable person would understand their options to void the notice.

The tenants appealed a decision of the Landlord and Tenant Board regarding the landlord's responsibility to maintain an elevator under s. 20 of the Residential Tenancies Act.

The Divisional Court applied a reasonableness standard of review, finding that the Board was entitled to construe its home statute to consider the landlord's actions in the circumstances.

Finding no error of law, the court dismissed the appeal.