Court File and Parties

Citation: Alayche v. Landlord and Tenant Board, 2022 ONSC 657

DIVISIONAL COURT FILE NO.: 796/21

DATE: 20220128

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

[1] A 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.

[2] The 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.

[3] The 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.

[4] There 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