Court File and Parties
DIVISIONAL COURT FILE NO.: DC 19-48
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Halton Community Housing Corporation, Landlord/Applicant (Respondent in Appeal)
AND:
N.M., Tenant/Respondent (Appellant in Appeal)
AND:
Landlord and Tenant Board, Intervenor
BEFORE: Sachs, Abrams, O’Bonsawin JJ.
COUNSEL: Giulia Reinhardt and Austen Metcalfe, for the Appellant
Tim Duggan and Douglas Levitt, for the Respondent
HEARD by videoconference: December 10, 2020
Endorsement
Sachs J. (Orally)
1This is an appeal from a decision from the Landlord and Tenant Board to deny an adjournment of eviction proceedings involving the appellant pending the resolution of a proceeding brought by the appellant before the Human Rights Tribunal.
2The appellant’s position on this appeal is grounded in the fact that the denial of the adjournment and the granting of the eviction had devasting consequences on her, forcing her to find new accommodation for herself and her two children.
3The appellant has now found new accommodation and has vacated the premises. Given this, we find that her appeal is moot, and we are dismissing it on that basis. Needless to say, this order has no effect on the appellant’s ability to pursue her application before the Human Rights Tribunal and to argue on that application that the decision canceling her rent-geared-to-income subsidy was made in a discriminatory manner. If the Tribunal accepts the appellant’s position, it has broad remedial powers.
4The appeal has been dismissed for mootness. The parties have agreed that there shall be no order for costs in these proceedings.
Sachs J.
Abrams J.
O’Bonsawin J.
Date of oral endorsement: December 10, 2020
Date of release: December 18, 2020