Anna Rosenbluth

Charlas MacKenzie, eligible for rent-geared-to-income assistance, had his subsidy terminated by Ottawa Community Housing Corporation and the City of Ottawa.

This was due to his failure to report a change in household composition (daughters removed due to bail conditions) and prolonged absence from his unit (required to live with surety).

The Divisional Court dismissed his application for judicial review, finding the respondents' decisions reasonable.

The Court of Appeal upheld the Divisional Court's decision, finding the respondents' interpretation and application of the Housing Services Act, 2011 and its regulations regarding reporting changes and absence from the unit to be reasonable, particularly in the context of limited housing subsidies and long waitlists.

The court also found no error in the assessment of extenuating circumstances.

The appellant, a live-in caregiver, appealed the Divisional Court's dismissal of her judicial review application.

She sought special priority status for subsidized housing, arguing she was abused by her employer and financially dependent on them.

The Regional Municipality of Peel denied this, asserting the relationship was not familial and financial dependence ceased with employment.

The Court of Appeal upheld the Divisional Court's finding that the Region's decision was reasonable, deferring to the administrative body's interpretation of "financially dependent" within the Housing Services Act, 2011, especially given the need to allocate scarce resources.

The Court found the Divisional Court did not err by providing additional context for the Region's decision.