Jason Tam

The moving party sought to set aside a Registrar's order dismissing her motion for leave to appeal a Divisional Court decision.

The Divisional Court had upheld a Board decision regarding the removal of 41 cats due to unsanitary conditions and a substantial statement of account for their care, finding the moving party's stay motion moot as the cats were forfeited to the Crown.

The Court of Appeal dismissed the motion to set aside, finding no substantiated evidence for the moving party's asserted reasons for delay and concluding that the proposed appeal lacked merit, especially given a prior extension of time had already been granted.

The Durham Regional Police Services Board and Christopher Delaney appealed a Divisional Court decision that found the Human Rights Tribunal of Ontario's (HRTO) decisions unreasonable.

The HRTO had ruled that a settlement agreement for a second human rights application also settled a prior, undecided first application by Joseph Briggs, and subsequently cancelled a favourable decision for Briggs on the first application as an abuse of process.

The Divisional Court reversed the HRTO, finding its interpretation of the settlement unreasonable and deciding the matter itself rather than remitting it.

The Court of Appeal upheld the Divisional Court's finding that the HRTO's decision was unreasonable due to its narrow interpretation of the factual matrix and exclusion of relevant evidence (Form 25).

The Court of Appeal also affirmed the Divisional Court's discretion to decide the matter rather than remitting it, citing the inordinate delay and the binary nature of the issue.

The appeal was dismissed, confirming that the settlement did not cover the first application.

Roch Longueépée, largely successful in his appeal, sought partial indemnity costs from the University of Waterloo and the Human Rights Tribunal of Ontario (HRTO).

The Court of Appeal for Ontario found Longueépée entitled to costs against the University, fixing them at $25,000.

The court also awarded costs against the HRTO, fixed at $7,500, because its arguments on the standard of review and request for a five-judge panel expanded the scope of the appeal, even though its position was not taken in bad faith.

The tenants appealed a Landlord and Tenant Board order terminating their tenancy based on an N11 agreement.

The tenants argued the written agreement was subject to an oral side agreement allowing them to stay until the house was sold.

The Board upheld the eviction without making factual findings about the side agreement or explaining its legal consequences.

The Divisional Court allowed the appeal, finding the Board's failure to provide reasons or consider the real substance of the transaction under section 202(1) of the Residential Tenancies Act rendered the decision unreasonable and incapable of meaningful review.

The matter was remitted to a different Board member.