Craig Logie

The appellant lived with her grandmother in a Toronto Community Housing Corporation unit for 12 years.

When her grandmother died, the appellant sought to be recognized as a tenant.

The Ontario Rental Housing Tribunal dismissed her application and granted the landlord's eviction application without allowing the appellant to present evidence or make full submissions, finding she was merely an unauthorized occupant.

On appeal, the Divisional Court held that the Tribunal breached the rules of natural justice and procedural fairness by engaging in a 'trial by ambush' and demonstrating bias.

The Tribunal's decisions were set aside and the matters remitted for a new hearing before a differently constituted panel.

Following a successful appeal where the appellant was represented by pro bono counsel, the appellant sought costs on a partial indemnity basis.

The respondent argued that costs should not be awarded as there was no expectation the impecunious appellant would pay costs if unsuccessful.

Applying Court of Appeal precedent, the Divisional Court held that pro bono counsel are entitled to costs awards to promote access to justice and deter abuse of the system.

The court awarded the appellant $3,500 in fees and $1,295.23 in disbursements.