DIVISIONAL COURT FILE NO.: 43/15
LTB File No.: TSL-56714-14-RV
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
THEN, HARVISON YOUNG and LEDERER JJ.
B E T W E E N :
JAMES DUNCAN
Tenant/Respondent
(Appellant)
– and –
TORONTO COMMUNITY HOUSING CORP.
Landlord/Applicant
(Respondent in Appeal)
Shibil Siddiqi
for the Tenant/Respondent
(Appellant)
Orna Raubfogel and Alana Abells
for Toronto Community Housing Corp.
Linda Chen
for the Landlord and Tenant Board
Khalid Janmohamed, Renee Griffin and
Dania Majid
for the Intervenor Coalition the Advocacy Centre for Tenants Ontario, The Centre for Equality Rights in Accommodation and HIV & AIDS Legal Clinic Toronto
HEARD at Toronto: July 20, 2015
ORAL REASONS FOR JUDGMENT
LEDERER J.: (ORALLY)
1In this case the tenant did not attend at the hearing conducted by the Landlord and Tenant Board. It made an order terminating the tenancy. The tenant requested a review of the decision. The review was completed without a hearing. It was dealt with in a summary fashion. On the review the tenant advised that he had been unable to attend because he had a substance abuse problem. He said his abuse issues “may” have led to his failure to attend the hearing. Despite this assertion the Board dismissed the review.
2We take seriously the right of parties to be heard. It is a fundamental precept of our system of justice. The process of review is important. Appeals are limited.
3The issue is a matter of natural justice (audi alteram partem). As such it is generally understood that there is no standard of review to be applied. With the prospect of the issue of drug abuse having been raised and the presence of the concern having been referred to by witnesses called by the landlord at the hearing before the Landlord and Tenant Board it was incumbent on the member who undertook the review to conduct a further inquiry, to hold a hearing, to determine if there was a substantive reason why the tenant had failed to attend.
4The review Board did not properly account for and consider the importance of the right to be heard. The obligation of the review Board in this case is consistent with the values expressed in the Human Rights Code and its quasi-constitutional status.
5The appeal is allowed. The matter is remitted to the Landlord and Tenant Board to hold a review hearing to determine if there was a reason the tenant failed to attend that would justify and support a fresh hearing.
6Much of the submissions made to us concern the responsibility of the landlord to inquire into the possibility that the tenant suffered from a disability arising from or related to substance abuse. This is a matter that may be the subject of consideration by the Landlord and Tenant Board at any new hearing that may be ordered following a complete review. In the circumstances it would be inappropriate for us to address that issue now.
7The appeal is allowed for all oral reasons delivered by Mr. Justice Lederer on behalf of the court. The matter is remitted to the Board to conduct a new review hearing. We are all of the view that in the circumstances of this case no costs should be awarded.
___________________________ LEDERER J.
HARVISON YOUNG J.
THEN J.
Date of Reasons for Judgment: July 20, 2015
Date of Release: July 24, 2015
CITATION: Duncan v. Toronto Community Housing Corp., 2015 ONSC 4728
DIVISIONAL COURT FILE NO.: 43/15
LTB File No.: TSL-56714-14-RV
DATE: 20150720
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, HARVISON YOUNG and LEDERER JJ.
B E T W E E N :
JAMES DUNCAN
Tenant/Respondent
(Appellant)
– and –
TORONTO COMMUNITY HOUSING CORP.
Landlord/Applicant
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
LEDERER J.
Date of Reasons for Judgment: July 20, 2015
Date of Release: July 24, 2015