Application for judicial review of LTB consent order dismissed due to inadequate record and equitable considerations.
The tenants brought an application for judicial review of a Landlord and Tenant Board consent order.
The tenants had previously agreed to vacate the premises by a specified date in exchange for the landlords waiving $3,500 in rent arrears.
The Divisional Court dismissed the application, finding the record inadequate to understand the tribunal proceedings and noting that judicial review is a discretionary, equitable remedy.
The court held it would be inequitable to grant relief because the consent order substantially reflected the tenants' agreement.
Nicholls v. Wang, 2015 ONSC 6975
