Sachs

The applicant sought judicial review of a housing cooperative's decision that she was no longer eligible for a Rent-Geared-to-Income subsidy after refusing an offer for a one-bedroom unit.

The applicant argued the cooperative lacked the delegated authority to make this determination.

The Divisional Court dismissed the application, finding that the service manager had expressly delegated the authority to determine eligibility and consider extenuating circumstances to the cooperative.

The court also found the cooperative's decision that the applicant failed to establish extenuating circumstances was reasonable.

The appellant tenant appealed a decision of the Landlord and Tenant Board declining to void an eviction order for non-payment of rent.

The Board had found that the tenant failed to pay all arrears, costs, and enforcement fees under the Administration of Justice Act.

The Divisional Court held that the Board erred in law by including enforcement fees in its determination of whether the tenant met the requirements of s. 74(11) of the Residential Tenancies Act.

The appeal was allowed and the matter remitted to the Board for a new hearing.