Case Overview:
The dispute arose from the termination of a tenancy agreement and an eviction order issued against Iris Boucher by the FSHA due to substantial rent arrears.

Legal Issues:

1. Service of Notice: Ms. Boucher argued that she did not receive valid service of the notice for the original hearing before the Rental Officer, thereby violating her right to natural justice.
2. Termination and Eviction: She also contended that the Rental Officer erred in terminating her tenancy and ordering eviction without ensuring a fair interpretation of the Residential Tenancies Act (RTA).

Court's Analysis and Decision:
The Court found that service of the notice was inadequate. The registered mail lacked clear proof that Ms. Boucher personally received the notice. The Rental Officer's decision to proceed in her absence was deemed a palpable and overriding error, breaching procedural fairness. Despite Ms. Boucher's history of rental arrears, the court determined that her right to a fair hearing had been compromised.

Outcome and Award:
The Court granted Ms. Boucher’s appeal, setting aside the Rental Officer's order from November 22, 2022. A new hearing was ordered, with directions that Ms. Boucher be personally served at least 14 days before the scheduled date.

Costs:
No specific award of costs was mentioned in favor of either party.