Sarah Forsyth

The appellant appealed a Social Benefits Tribunal (SBT) decision denying him income support under the Ontario Disability Support Program Act.

The appellant argued the SBT erred in law by ignoring evidence of his mental health impairments, engaging in discriminatory reasoning regarding his substance use disorder, and failing to apply the 'whole person' test.

The Divisional Court allowed the appeal, finding the SBT misapprehended the appellant's testimony, made contradictory findings, and improperly blamed the appellant for his inability to comply with treatment due to his disabilities.

The matter was remitted to a differently constituted panel of the SBT for a new hearing.

The appellant landlord applied to the Landlord and Tenant Board to terminate the respondents' tenancies of two cottages for his children's use.

The respondents claimed they owned the cottages and only leased the land.

The Board determined it had jurisdiction to decide the ownership issue, found that the respondents owned the cottages, and dismissed the eviction applications.

The Divisional Court dismissed the landlord's appeal, holding that the Board had exclusive jurisdiction to determine ownership for the purpose of the Residential Tenancies Act, did not breach procedural fairness, and correctly concluded that the Act superseded the common law of fixtures.