Background:
Rilene Cowton and Emily Cowton-Riches appealed an eviction order issued by the Landlord and Tenant Board (LTB) for non-payment of $29,650 in rent arrears. Their landlord, Leonard Seecharan, alleged they were part of a joint tenancy with two other tenants who had moved out after paying their portions. The Board found notice of termination was properly served and ordered the appellants to pay $29,836 in arrears by October 31, 2023, to avoid eviction.

Legal Issues:

1. Procedural Fairness: The appellants argued the LTB unfairly prioritized determining whether notice was served before considering the tenancy nature, denying them a chance to contest joint tenancy claims.
2. Interpretation of Residential Tenancies Act (RTA), Section 202(1): They claimed the LTB incorrectly applied this provision to affirm the existence of a joint tenancy.

Court’s Decision:
Justice Ranjan K. Agarwal dismissed the appeal, finding no procedural unfairness. The LTB correctly prioritized service issues and considered tenancy arguments later. The court ruled the LTB’s interpretation of RTA Section 202(1) as assessing the substance of transactions was proper. The appellants’ disagreements were factual, not legal, and thus non-appealable.

Outcome:
The appeal was dismissed. No costs were awarded as the respondents did not seek them.