The appellant tenant was habitually late in paying rent, issuing twelve NSF cheques over 24 months.
The landlord applied for eviction under the Conciliation Act.
Because the tenant paid the arrears before the hearing, eviction under section 25(a) for non-payment was unavailable.
The administrator and Rental Commission instead ordered eviction under section 25(b), characterizing the late payments as behaviour on the leased premises constituting a serious annoyance.
The Supreme Court of Canada held that the Commission exceeded its jurisdiction by misinterpreting the statute to create a new ground for eviction not provided by law.
The appeal was allowed and the writ of evocation authorized.
