John Wenus

The tenant appealed an order of the Landlord and Tenant Board terminating his tenancy and ordering him to pay arrears, as well as a subsequent review order confirming the termination.

The tenant argued he was denied natural justice because he did not receive notice of the final hearing and therefore did not attend.

The Divisional Court dismissed the appeal, finding no error of law and upholding the Board's factual finding that the tenant had received notice of the hearing.

The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board order terminating their tenancy for unpaid rent.

The tenants did not appear at the motion.

The court found that the grounds for appeal did not disclose a question of law and that the tenants were using the statutory right of appeal to remain in the premises rent-free.

The motion to quash the appeal was granted, the stay was lifted, and costs were awarded to the landlord.

The appellant tenant, who suffered from schizophrenia, appealed an eviction order issued by the Ontario Rental Housing Tribunal.

The respondent landlord had issued notices of termination due to the tenant's screaming and disruptive behaviour.

The Divisional Court allowed the appeal, finding that the Tribunal erred by failing to apply the Human Rights Code.

The Court held that the Tribunal is bound to consider whether a disabled tenant can be reasonably accommodated without undue hardship to the landlord before exercising its discretion to evict under the Tenant Protection Act.

The eviction order was set aside on terms that the tenant's family be notified to intervene if disruptive behaviour occurs.