Aaron Rousseau

The tenant appealed a decision of the Landlord and Tenant Board on the basis of procedural fairness.

The tenant missed the hearing because she mistakenly believed it was scheduled for September 28 instead of September 21.

The Divisional Court found that the tenant's confusion was understandable given the Board's internal documentation and previous discussions.

Emphasizing that natural justice requires a broad interpretation of being reasonably able to participate, the Court allowed the appeal and remitted the matter to a different Member for a new hearing.

The appellants appealed a Small Claims Court judgment awarding the respondent damages for overtime, mileage, and termination pay.

The Divisional Court allowed the appeal in part, setting aside the personal judgment against Andrejs Ritins as no claim was pleaded against him.

The court also found the trial judge erred in imposing joint and several liability on the two corporate defendants, as one was not incorporated until after some obligations accrued.

The court upheld the overtime and mileage claims based on contract, and awarded $2,300 in termination pay against Ritins International Inc., reducing the total judgment against it to $5,598.18.