J.P.R. Howard

The landlord appealed a Landlord and Tenant Board decision ordering him to pay $25,000 in compensation for disposing of the tenant's property after an eviction.

The tenant had been incarcerated, and his parents attempted to pay rent, but the landlord refused payment and ignored their communications.

The Divisional Court dismissed the appeal, finding the Board's conclusion that the landlord's conduct constituted an abuse of process was reasonable and supported by the evidence.

The appellant car wash business appealed an Ontario Municipal Board order requiring it to pay $86,943.20 in costs to the respondent municipality after its claim for injurious affection was dismissed.

The appellant argued the costs were excessive and the Board placed undue reliance on the respondent's $15,000 settlement offer.

The Divisional Court applied a reasonableness standard of review and dismissed the appeal, finding the Board properly exercised its discretion under the Expropriations Act to award costs based on the appellant's unreasonable conduct in refusing the offer and proceeding with a meritless claim.

The appellant husband appealed a final spousal support order, arguing a lack of procedural fairness.

The Divisional Court found that the lower court judge, who had presided over a settlement conference, erred by deciding the substantive issue without clear consent from both parties.

Furthermore, the unrepresented husband was prejudiced by the late service of the respondent's factum and affidavit on the morning of the hearing.

The appeal was allowed, the support order was set aside, and the matter was remitted to the Family Court for a new hearing before a different judge.