The Metropolitan Toronto Housing Authority (MTHA) sought judicial review of an interim order by the Ontario Rental Housing Tribunal that allowed 11 tenants to give representative evidence on behalf of 312 tenants in a rent abatement application.
The tenants claimed the MTHA interfered with their reasonable enjoyment during balcony repairs.
The Divisional Court granted leave for judicial review due to urgency and quashed the Tribunal's order.
The Court held that the Tribunal lacked jurisdiction under the Tenant Protection Act to permit a representative action, distinguishing it from the former Landlord and Tenant Act which explicitly allowed such proceedings.
