2 total
Tenant's appeal allowed and eviction order remitted as Board failed to consider mandatory refusal under s. 83(3).
The tenant appealed an eviction order of the Landlord and Tenant Board.
The Divisional Court found that the Board applied an incorrect or incomplete legal test by only considering the discretionary provision under s. 83(1) of the Residential Tenancies Act, 2006, and failing to consider the mandatory provision under s. 83(3).
The Board had explicitly found that the landlord substantially interfered with the tenant's reasonable enjoyment, which could constitute a serious breach under s. 83(3).
The appeal was allowed and the matter remitted to the same board member for reconsideration.
Application for arbitration dismissed and costs awarded to insurer due to claimant's failure to participate.
The insurer brought a motion to dismiss the claimant's application for arbitration regarding statutory accident benefits.
The claimant failed to attend a pre-hearing, an Examination Under Oath, and the motion itself, despite receiving formal notice.
The claimant's legal representative was previously removed from the record due to a breakdown in communication.
The arbitrator found that the claimant demonstrated no intention to pursue her claims and had effectively abandoned them.
The application for arbitration was dismissed, and the insurer was awarded $2,000 in costs.
