Yodit Edemariam

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.

The tenant appealed a Landlord and Tenant Board order terminating her tenancy and ordering eviction after police found a loaded firearm and drugs in her unit, which were possessed by her son.

The tenant argued the Board erred in law by relying on hearsay evidence and misapplying the eviction and relief provisions of the Residential Tenancies Act.

The Divisional Court dismissed the appeal, finding that the Board's reliance on hearsay was permitted under the Statutory Powers Procedure Act and that the tenant's arguments raised unreviewable questions of fact or mixed fact and law.