- appealed to the Divisional Court on a question of law, or
- reviewed by the Board for errors of fact or law.
Decisions made by the Divisional Court are binding on Members of the Board, who are required to follow the decision in making future decisions.
In the Ball case, the landlord served the tenant with an eviction notice (Form N5) alleging she was interfering with the enjoyment of the landlord. Under the portion of the form entitled “Details About the Reasons for this Notice", the landlord stated:
"The tenant has seriously interfered with the reasonable enjoyment of the premises by the landlord by harassing building staff and office employees to the point of inhibiting them from performing their daily duties."
- to be in a position to know the case that must be met;
- to decide whether to dispute the allegations made against her before the Tribunal (now the Board); or
- to consider whether to stop the conduct or activity or correct the omission within seven days and thereby void the notice.
Particulars should include, dates and times of the alleged offensive conduct together with a detailed description of the alleged conduct engaged in by the tenant.
“given the long history between this particular landlord and tenant, and the tenant’s familiarity with the issues, the Notice was sufficient to satisfy the requirements of the legislation at this stage.”LESSONS LEARNED:
- Provide as much detail as possible in your notices of termination or risk having the eviction notice thrown out.