Olivia Filetti

The tenant appealed orders of the Landlord and Tenant Board.

The Board had initially ordered eviction for rent arrears, but upon review, allowed the landlord to withdraw its application after the tenant paid the arrears.

The tenant argued the landlord could not withdraw the application after the hearing started.

The Divisional Court dismissed the appeal, finding no error of law as the Board had granted permission for the withdrawal, and noting the appeal was moot since there was no longer a live controversy between the parties.

The moving parties, operators of a dog sledding business, sought a stay of an Animal Care Review Board decision requiring them to pay over $500,000 for the costs of care of over 100 sled dogs removed by animal welfare authorities.

The stay was sought pending the determination of two related applications for judicial review challenging the underlying compliance and removal orders.

Applying the RJR-MacDonald test, the court found a serious issue to be tried, irreparable harm due to the potential forfeiture and euthanization of the specially trained dogs, and that the balance of convenience favoured a stay to prevent the judicial reviews from becoming moot.

The court granted the stay on terms, including a requirement for future submissions on financial security for ongoing care costs.

The Chief Animal Welfare Inspector sought judicial review of two decisions by the Animal Care Review Board that varied statements of account for animal care to zero.

The Inspector undertook not to seek recovery of the funds or return of the animals, rendering the live dispute moot.

The Divisional Court dismissed the application, declining to hear it on the basis that the Inspector had not exhausted adequate alternative remedies, specifically the Board's internal reconsideration process.

The applicant sought judicial review of an Ontario Parole Board decision suspending her parole and issuing a Canada-wide arrest warrant.

The applicant had continued to report to her parole officer for months after the suspension, unaware of the warrant, and was even told she had successfully completed her sentence.

The Divisional Court found exceptional circumstances justifying early intervention despite the usual requirement to exhaust administrative remedies.

The Court held that the Board breached its duty of procedural fairness by failing to effectively notify the applicant's parole officers of the suspension, and quashed the decision and related warrants.

The applicant sought judicial review of a decision by the Ontario Parole Board refusing to order a new hearing for her temporary absence permit application.

Prior to the judicial review hearing, the applicant was granted parole, rendering the application moot.

The applicant argued the court should still hear the matter to provide guidance to the Board on the proper framework for assessing temporary absence cases.

The Divisional Court declined to hear the application, applying the doctrine of mootness and emphasizing that the court's role on judicial review is to assess the reasonableness of specific decisions, not to impose analytical frameworks on administrative decision-makers.

The application was dismissed.