The appellant tenant appealed a decision of the Landlord and Tenant Board declining to void an eviction order for non-payment of rent.
The Board had found that the tenant failed to pay all arrears, costs, and enforcement fees under the Administration of Justice Act.
The Divisional Court held that the Board erred in law by including enforcement fees in its determination of whether the tenant met the requirements of s. 74(11) of the Residential Tenancies Act.
The appeal was allowed and the matter remitted to the Board for a new hearing.
