The Case of After Discovered Evidence
The Landlord submit as follows: 1. The landlord requests a review of the order of the Member dated August 2016 based upon an error of fact which is material to the decision and is demonstrated by new evidence that was not before the Member. 2. The landlord submits...
T2, T3 or T6 that is the Question
ISSUES 1. The Tenants were not able to participate in the proceeding because the Member refused to hear any evidence or submissions from the Tenants. The hearing tape confirms that there is a total disconnect between the Member’s statements at the hearing and the...
What is the correct test for bad faith?
ARGUMENT 1. In Wakula et al v. Yaoutsis, TST-58317-14, the Member determined that, “……the issue before the Board is whether at the time it was given, the notice was given in bad faith.” 2. In the Wakula case, the tenants were pensioners and had resided on the main...
