Joseph M. Fragomeni

The appellant landlord appealed a Small Claims Court judgment that dismissed its claim for loss of rent against a former commercial tenant.

The landlord argued the trial judge misapprehended the evidence regarding a rent-free period granted to a new tenant while repairs were completed.

The Divisional Court dismissed the appeal, finding no palpable and overriding error.

The court held there was sufficient evidence to support the trial judge's conclusion that the repairs, which were the landlord's responsibility, were completed concurrently with the new tenant's leasehold improvements.

The appellant appealed a decision of the Social Benefits Tribunal denying him disability benefits under the Ontario Disability Support Program Act.

The appellant argued the Tribunal ignored evidence, applied the wrong legal test, and provided insufficient reasons.

The Divisional Court dismissed the appeal, finding the Tribunal did not fundamentally misapprehend the evidence, correctly applied the test for a 'person with a disability' as set out in Crane, and provided adequate reasons to permit appellate review.