The applicant tenant sought judicial review to quash a preliminary decision of the Ontario Rental Housing Tribunal, which found it had jurisdiction to hear the landlord's application to terminate the tenancy for refusing entry to upgrade fire alarms.
The applicant argued the Tribunal lost jurisdiction due to issue estoppel from a 1996 consent judgment.
The Divisional Court dismissed the application as premature, holding that courts will not interfere with ongoing tribunal proceedings or preliminary rulings unless the tribunal never had jurisdiction or irretrievably lost it, which was not the case here.
