David S. Strashin

The appellant landlord appealed a tribunal Member's order awarding monetary amounts and a fine to the tenant, arguing lack of evidence, lack of a fair hearing, and lack of jurisdiction.

The appellant chose not to order a transcript of the hearing, and the tapes were subsequently destroyed.

The Divisional Court held that without a transcript, it could not review the evidentiary foundation for the monetary awards.

The court also upheld the $1,000 fine against the landlord, finding it was within the tribunal's guidelines for deterring malicious conduct.

The appeal was dismissed with no order as to costs.

The respondent landlord brought a motion to quash the tenant's appeal of a tribunal decision.

The court found that the appeal was manifestly devoid of merit, as the grounds relating to the lifting of the eviction stay, abatement of rent, and denial of natural justice had no basis.

The tenant owed over $3,000 in rent arrears.

The motion was granted, the appeal was quashed, and costs of $1,000 were awarded to the respondent.

The appellants appealed a decision of the Ontario Rental Housing Tribunal terminating their tenancy.

The rental unit, a condominium, was sold by its beneficial owner, and the purchaser provided a statutory declaration requiring the unit for personal use.

The Divisional Court dismissed the appeal, finding no denial of natural justice due to the lack of a recording of the Tribunal proceedings, and holding that the purchaser was not required to give viva voce evidence of good faith.

The Court also found that the notice of termination was validly given by the beneficial and registered owners.

The landlord appealed the dismissal of its action for rent arrears against the tenants.

The trial judge had found that the landlord's demolition of a dilapidated barn and frame house on the 20-acre leased property constituted 'partial destruction of the premises' under the lease, thereby suspending the tenants' obligation to pay rent.

The Court of Appeal allowed the appeal, holding that the trial judge failed to interpret the lease as a whole to achieve a commercially sensible result.

The Court found that the term 'premises' in the destruction clause applied only to the private dwelling, and thus the demolition of the outbuildings did not suspend the rent obligation.

Judgment was granted for the total rent owing.

The tenants appealed an order of the Ontario Rental Housing Tribunal terminating their tenancy and ordering vacant possession.

The landlord brought a motion to quash the appeal or lift the stay pending appeal.

The tenants were represented by a paralegal.

The court held that paralegals are not authorized by law to represent parties in court on residential tenancy matters, including excess claims and appeals, as the Rules of Civil Procedure apply and the Law Society Act prohibits non-lawyers from practising law.

The court lifted the stay regarding the payment of rent but maintained the stay on the eviction order provided the appeal was heard promptly.