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Tenant's appeal of LTB eviction order dismissed as Board's finding of an agreement to terminate was a non-appealable question of fact.
The tenant appealed a Landlord and Tenant Board decision terminating her tenancy based on an agreement to terminate.
The tenant argued the Board erred in finding her initial notice of termination valid, in finding the parties agreed to a June 30, 2024 termination date, and in failing to consider refusing the eviction under section 83 of the Residential Tenancies Act.
The Divisional Court dismissed the appeal, finding that the Board's conclusion on the termination agreement was a finding of fact supported by evidence, from which there is no right of appeal.
The Court also held that the Board properly considered section 83 when it decided to postpone rather than refuse the eviction.
ODSP appeal allowed and remitted for rehearing due to Tribunal's unreasonable disregard of medical evidence.
The appellant appealed a decision of the Social Benefits Tribunal denying him Ontario Disability Support Program (ODSP) benefits.
The Tribunal had found that the appellant's impairments were not substantial at the time of the Director's decision.
The Divisional Court allowed the appeal, finding that the Tribunal erred in law by unreasonably disregarding a psychiatric report prepared after the Director's decision, which was admissible under s. 64(1) of O. Reg. 222/98.
The Tribunal also misapprehended medical imaging evidence regarding the appellant's physical condition and failed to consider medical opinions relating to his depression.
The matter was remitted to a new panel for a rehearing.
ODSP appeal allowed and remitted for rehearing because Tribunal unreasonably disregarded relevant post-decision medical evidence.
The Divisional Court allowed the appeal, finding that the Tribunal erred in law by unreasonably disregarding a psychiatrist's report prepared after the Director's decision, which corroborated the appellant's physical and mental conditions.
The matter was remitted to a new panel of the Tribunal for a rehearing.
