The appellant appealed a Landlord and Tenant Board decision ordering his eviction for rental arrears, arguing he was the beneficial owner of the property rather than a tenant.
The Divisional Court dismissed the appeal, finding no error of law in the Board's conclusion that a landlord and tenant relationship existed.
The court held that the Board's findings were rationally supported by the evidence, including text messages acknowledging the obligation to pay rent, and that the Board properly ascertained the true substance of the transaction.