Harry Yeon Cho

The appellant landlord appealed a decision of the Landlord and Tenant Board ordering a 10% rent abatement for 53 tenants due to alleged failure to maintain the building and interference with reasonable enjoyment.

The Divisional Court allowed the appeal, finding that the Board member's reasons were conclusory, lacked transparency, and failed to analyze the statutory requirements under the Residential Tenancies Act.

The matter was remitted to a differently constituted panel for a re-hearing solely on the issue of the landlord's obligation to repair.

The landlord appealed a decision of the Ontario Rental Housing Tribunal which stayed its application to evict the tenant.

The tenant had breached a mediated settlement regarding rent arrears and subsequently filed for bankruptcy.

The Tribunal held that the eviction application was a claim provable in bankruptcy and thus stayed under section 69.3 of the Bankruptcy and Insolvency Act.

The Divisional Court allowed the appeal, finding that the landlord's application sought only eviction, not the payment of arrears, and therefore was not a claim provable in bankruptcy.

The matter was remitted to the Tribunal for a new hearing.