Robert D. Aburto

The appellant, a care home operator, unlawfully evicted a non-verbal adult with severe autism without following the procedures in the Residential Tenancies Act.

The Landlord and Tenant Board ordered the tenant's reinstatement.

The appellant appealed to the Divisional Court, arguing procedural unfairness and that the Board lacked statutory authority to order reinstatement under s. 31(1)(f) of the Act.

The Divisional Court dismissed the appeal, finding no denial of procedural fairness and holding that a broad interpretation of the Act's remedial provisions permitted the Board to order reinstatement to protect vulnerable tenants from unlawful eviction.

The appellant appealed an Ontario Municipal Board decision regarding interest and costs awarded following the expropriation of its lands by the respondent City.

The Board had calculated statutory interest based on the appellant's net interest in the lands after deducting an outstanding mortgage, and awarded costs against the appellant from the date of a Rule 49 settlement offer that exceeded the final compensation award.

The Divisional Court found the Board's interpretation of the Expropriations Act regarding both the interest calculation and the costs award to be reasonable, dismissing the appeal.