2 total
Injunction Motion dismissed
The Advocacy Centre for Tenants Ontario (ACTO) and two residential tenants moved for an urgent stay of an order by Chief Justice Morawetz, which had varied a previous order to end a moratorium on residential evictions in Ontario.
The applicants sought to reinstate the moratorium, arguing that lifting it was premature due to ongoing COVID-19 risks, especially for vulnerable tenants.
The court dismissed the motion for a stay, finding that the applicants failed to establish a serious issue to be tried, as the Chief Justice's original order was an exercise of inherent jurisdiction to control court processes, not a policy decision on the pandemic.
The court emphasized that the issues raised by tenants were policy matters for the government, not legal issues for the court.
Appeal from ODSP denial dismissed as the issue was of mixed fact and law, precluding jurisdiction.
The appellant appealed a decision of the Social Benefits Tribunal finding that she was not a person with a disability under the Ontario Disability Support Program Act, 1997.
The Divisional Court held that the Tribunal's conclusion was supported by an evidentiary basis, making the issue at highest a question of mixed fact and law.
As appeals to the Divisional Court under the Act are restricted to questions of law, the court lacked jurisdiction and dismissed the appeal.
