John R. Done

The appellant landlord applied to the Landlord and Tenant Board to terminate the respondents' tenancies of two cottages for his children's use.

The respondents claimed they owned the cottages and only leased the land.

The Board determined it had jurisdiction to decide the ownership issue, found that the respondents owned the cottages, and dismissed the eviction applications.

The Divisional Court dismissed the landlord's appeal, holding that the Board had exclusive jurisdiction to determine ownership for the purpose of the Residential Tenancies Act, did not breach procedural fairness, and correctly concluded that the Act superseded the common law of fixtures.

The appellant appealed a Tribunal decision regarding the calculation of income for social assistance purposes.

The Tribunal had included a loan incurred for refinancing an existing student loan as income.

The Divisional Court allowed the appeal, finding the Tribunal's decision unreasonable.

The Court held that there is implicit discretion under s. 48(1) of O.Reg. 134/98 to exclude a loan where the recipient receives no actual financial benefit or increase in assets.

The matter was remitted to the Tribunal for reconsideration.