The applicant sought judicial review of two decisions by the Toronto Community Housing Corporation RGI Review Body that refused to review her rent-geared-to-income calculations from 2010 to 2017.
The Review Body had determined that the request was beyond the 12-month deadline and did not meet the criteria for exceptional circumstances.
The Divisional Court found that the Review Body unreasonably interpreted its own rules by concluding that a hard 12-month cap applied even if exceptional circumstances existed.
The court also held that the Review Body fettered its discretion and failed to provide adequate reasons for its conclusion that exceptional circumstances were not met.
The application was granted and the matter remitted for reconsideration.
