D. Strashin

The landlord appealed a Landlord and Tenant Board decision finding they illegally locked out the tenant by failing to provide replacement keys after the rental unit was repaired following a fire.

The landlord argued the tenancy was frustrated, the remedy was miscalculated, and the Board denied procedural fairness.

The Divisional Court dismissed the appeal, finding the frustration and remedy issues were questions of mixed fact and law not subject to appeal, and the Board properly exercised its discretion regarding procedural fairness and bias allegations.

The appellant former landlord appealed a Landlord and Tenant Board decision ordering her to pay damages for a bad faith eviction, arguing she was denied natural justice.

The initial hearing proceeded in her absence after she was served by mail at the rental unit, despite the Board and the respondent knowing she lived in Florida for most of the year.

The Divisional Court held that proceeding with the hearing when the Board knew the appellant had no actual notice constituted a denial of natural justice.

The Board's decisions were set aside and the matter was remitted for a rehearing.

The landlord moved to quash the tenant's appeal of a consent eviction order and to lift the automatic stay, or alternatively for interim rent and security for costs.

The tenant had lived rent-free for nearly a year while pursuing various proceedings before the Ontario Rental Housing Tribunal.

The Divisional Court declined to quash the appeal, finding it was not manifestly devoid of merit, and refused to order security for costs.

However, the court ordered the tenant to pay interim rent of $1,200 per month pending the disposition of the appeal, noting there was no justification for the tenant to live rent-free.

The tenants appealed a decision regarding their tenancy with Greenrock Investments Ltd. The Ontario Divisional Court issued an order on consent in the attached terms as amended, resolving the appeal.