Randy Schroeder

On a preliminary issue in an appeal, the Divisional Court ruled that the Social Benefits Tribunal was not properly a party to the proceeding.

The court noted there was no separate relief claimed by the appellant that was not available against the Ministry, and no jurisdictional issue was raised.

No costs were awarded.

The appellant appealed a decision of the Social Benefits Tribunal finding him ineligible for disability benefits under the Ontario Disability Support Program Act.

The Divisional Court dismissed the appeal, finding that the Tribunal applied the correct legal test and made no palpable and overriding error in its factual conclusions.

The court also held that the appellant's human rights and Charter claims were not properly before it, and that his request for retroactive benefits to 2003 was precluded because earlier applications had been abandoned.

The landlord appealed a Landlord and Tenant Board decision ordering it to pay $3,000 in statutory compensation to former tenants who had received a notice of termination for conversion of their mobile home site.

The tenants were subsequently evicted for non-payment of rent and owed over $3,300 in arrears.

The Divisional Court upheld the Board's findings that the compensation obligation survived the eviction and that the claim was not statute-barred.

However, the Court allowed the appeal on the basis that the Board erred in law by failing to set off the rent arrears against the compensation owed, resulting in no net compensation payable to the tenants.