Kenneth J. Hale

The appellant appealed a decision of the Social Benefits Tribunal, arguing that the Tribunal erred in law by failing to appreciate the medical evidence.

The Divisional Court dismissed the appeal, finding that the Tribunal considered all evidence, correctly applied s. 4(1) of the Ontario Disability Support Program Act, and properly determined that the appellant did not have a substantial impairment.

The landlord moved to quash the tenant's appeal of an order from the Ontario Rental Housing Tribunal requiring her to vacate the premises.

The tenant had orally agreed to move out but subsequently changed her mind and remained in possession, prompting the landlord to obtain an ex parte order.

The Divisional Court found that the appeal raised no question of law as required by s. 196 of the Tenant Protection Act, 1997, noting that s. 188 dictates substance over form.

The motion was granted, the appeal was quashed, and the certificate of stay was set aside.