CITATION: Wei v. Liu, 2022 ONSC 3887

DIVISIONAL COURT FILE NO.: 528/21

DATE: 20220707

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Nathalie Mengyu Wei, Appellant

AND:

Qingsheng Liu and Yongjun Liu, Respondents

BEFORE: Stewart, Akhtar, Shore JJ.

COUNSEL: Nathalie Mengyu Wei, Self-rep Appellant

Qinsheng Liu and Yongjun Liu, Self-rep Respondents

Valerie Crystal, counsel for the Landlord and Tenant Board

HEARD at Toronto: June 23, 2022

ENDORSEMENT

[1] This is an appeal from a decision by the Landlord and Tenant Board (“LTB”) made under the Residential Tenancies Act, 2006[^1].

[2] Nathalie Mengyu Wei, the appellant, is the tenant. Qingsheng Liu and Yongjun Liu are the landlords and the respondents in this appeal. The landlords did not file any responding material, nor did they make submissions during the hearing. The LTB was represented by counsel and filed material on the appeal.

Brief History:

[3] The tenant filed an application complaining about her landlords, alleging that the landlords harassed her, substantially interfered with her reasonable enjoyment of the rental unit and withheld or deliberately interfered with the reasonable supply of a vital service, among other allegations. Following a hearing, the LTB dismissed the tenant’s application. The LTB found that the tenant’s allegations were not established on the evidence.

[4] The tenant then asked for a review of the decision. The LTB may review any order of the LTB, which makes a final determination of a party’s rights, under s.21.2 of the Statutory Powers Procedure Act[^2] and r.26 of the Landlord and Tenant Board’s Rules of Procedure. The LTB found no serious errors in the decision issued following the hearing or in the way in which the proceeding had been conducted. The decision was therefore confirmed.

[5] The tenant appealed this decision to the Divisional Court.

Jurisdiction:

The jurisdiction for this Court to hear this appeal comes from s. 210 of the Residential Tenancies Act

210 (1) Any person affected by an order of the Board may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law. 2006, c. 17, s. 210 (1).

(2) A person appealing an order under this section shall give to the Board any documents relating to the appeal. 2006, c. 17, s. 210 (2).

(3) The Board is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. 2006, c. 17, s. 210 (3).

(4) If an appeal is brought under this section, the Divisional Court shall hear and determine