84 total
Appeal from termination of tenancy dismissed; purchaser's statutory declaration of personal use sufficient without viva voce testimony.
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.
Appeal from summary judgment dismissed as appellant failed to present specific facts showing a genuine issue for trial.
The appellant appealed a summary judgment decision regarding alleged delays in stock trades.
The Divisional Court dismissed the appeal, finding that the appellant failed to meet the evidentiary burden to show a genuine issue for trial.
The appellant relied on conclusory statements of fact and belief rather than presenting specific evidence of delay and consequent loss.
The court also rejected the appellant's argument regarding restricted cross-examination as a collateral attack on the judgment.
Appeal of child support order dismissed; motions judge did not err in imputing income based on underemployment.
The appellant appealed an order reducing his child support arrears and imputing an income of $39,000 to him.
He argued that his actual income as a bingo caller was much lower than his previous income as a meat cutter, and that the motions judge erred in imputing the higher amount.
The Divisional Court dismissed the appeal, finding that the affidavit evidence provided an ample basis for the motions judge's finding of underemployment and the imputed income amount.
Appeal of licence suspension dismissed; prior quasi-criminal acquittal does not bar regulatory proceedings.
The appellant appealed a decision of the Registrar of Alcohol and Gaming Commission of Ontario suspending its licence.
The appellant argued that the regulatory hearing was barred by res judicata, double jeopardy, and abuse of process following a quasi-criminal acquittal, and that translation difficulties led to a denial of natural justice.
The Divisional Court dismissed the appeal, holding that the regulatory jurisdiction is separate from the quasi-criminal prosecution, Charter s. 11(h) does not apply to regulatory proceedings, and no unfairness or translation difficulty was established.