Court File and Parties
DIVISIONAL COURT FILE NO.: 796/21
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Rania Alayche, Applicant
AND:
Landlord and Tenant Board of Ontario, Taleb Alayche, Kamal Alayche, Respondents
BEFORE: Nishikawa J.
COUNSEL: Nolan Wilson, for the Applicant
Taleb Alayche, in person
Jason Tam, for the Respondent Landlord and Tenant Board
HEARD at Toronto: January 28, 2022 (by teleconference)
Endorsement
1A case conference was held today regarding the Landlord and Tenant Board’s motion to quash the Applicant’s application for judicial review. At a previous case conference on November 23, 2021, there was a discussion about the proper procedural mechanism to challenge a decision of the LTB being a statutory appeal. At that time, counsel for the LTB did not yet have instructions as to whether to bring a motion to quash the application.
2The Applicant maintains the position that her application for judicial review is appropriate and necessary to challenge the LTB’s decision. The parties have not been able to agree to a timetable for the motion because the Applicant takes the position that the LTB must first produce the tribunal record.
3The motion to quash should proceed and the Applicant can raise her position regarding the necessity of proceeding by judicial review at that time. The following timetable is ordered:
(a) The LTB shall file its motion material by February 18, 2022; and
(b) The Applicant shall file her responding motion material by March 31, 2022.
4There shall be no reply material without leave. All materials should be prepared and filed in accordance with the Notice to Profession – Divisional Court, which can be found at https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/div-ct-feb2021.
"Nishikawa J."
Date: January 28, 2022