Jim Kandaji

The tenants appealed a Tribunal decision finding they committed an "illegal act" under s. 62(1) of the Tenant Protection Act, 1997, related to drug activities.

The Divisional Court dismissed the appeal, finding no error in the Tribunal's refusal to grant an adjournment pending the tenant's criminal charges.

The Court also held there was sufficient evidence of an illegal act and that the Tribunal properly considered how drug activities negatively affect the community's character and reasonable enjoyment.

Following a successful appeal by a subsidized tenant against an eviction order, the court determined the costs of the proceeding.

The court found the landlord acted unreasonably and hastily in seeking eviction without investigation.

Recognizing the tenant's impecuniosity and the importance of access to justice, the court awarded costs for both the Tribunal hearing and the appeal, including a premium to encourage counsel to take on such cases, totalling $14,245.

The tenant appealed a decision of the Ontario Rental Housing Tribunal ordering her eviction for allegedly assaulting another tenant.

The Divisional Court allowed the appeal and dismissed the landlord's application, finding that the Tribunal failed to provide adequate reasons for its credibility findings and failed to properly consider relief from eviction under s. 84 of the Tenant Protection Act.

The Court noted the tenant's lack of prior history of violence, her success in the related criminal proceeding, and her responsibility for four minor children.