Court File and Parties

CITATION: Halton Community Housing Corporation v. N.M., 2020 ONSC 7902

DIVISIONAL COURT FILE NO.: DC 19-48

DATE: 2020/12/10

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)

[1] This 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.

[2] The 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.

[3] The 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.

[4] The 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