D. Jafari

The tenant appealed a Landlord and Tenant Board decision denying an extension of time to request a review of a prior consent eviction order.

At a case conference, the court considered the conditions for maintaining the statutory stay of eviction pending the appeal.

Finding that the tenant had paid no rent since the LTB proceedings and owed significant arrears, the court ordered the tenant to pay $10,000 in prior arrears, 50% of recent arrears, and ongoing monthly rent to maintain the stay.

Failure to make the payments would result in the stay being lifted.

The appellant appealed a Small Claims Court decision striking his defamation claim against his former employer.

The motion judge had struck the claim on the basis that a termination letter sent to an employment agency was not 'published' to the public, and alternatively, that the appellant failed to provide notice under s. 5(1) of the Libel and Slander Act.

The Divisional Court allowed the appeal, finding that publication to a single third party satisfies the test for defamation, and that the s. 5(1) notice requirement does not apply to private emails or letters.

The defamation claim was restored.

The tenants appealed an eviction order from the Landlord and Tenant Board terminating their tenancy to allow the landlord to demolish the rental unit.

The tenants argued the Board erred in finding the landlord took all reasonable steps to obtain the necessary demolition permit.

The Divisional Court dismissed the appeal, holding that the Board's finding was one of fact or mixed fact and law, which is not appealable under the Residential Tenancies Act.

Furthermore, the court found the Board correctly interpreted the legislation in determining that only the demolition permit, not a building permit, was relevant, and that vacant possession was required to obtain it.