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Landlord's appeal of LTB bad faith eviction finding dismissed due to late filing and lack of merit.
The landlord appealed a Landlord and Tenant Board (LTB) decision finding he served an N12 notice of termination in bad faith and ordering him to pay damages to the tenant.
The landlord filed his Notice of Appeal nearly 60 days late and sought an extension of time.
The Divisional Court dismissed the motion for an extension, finding the landlord failed to demonstrate an intention to appeal within the time limit or provide a satisfactory explanation for the delay.
In the alternative, the court dismissed the appeal on the merits, finding no denial of procedural fairness in the LTB's refusal to grant an adjournment, and rejecting the landlord's argument that the tenant's bad faith application was barred by res judicata.
Appeal from Social Benefits Tribunal dismissed; no error of law in finding appellant lacked substantial impairment.
The appellant appealed a decision of the Social Benefits Tribunal which upheld the denial of his application for Ontario Disability Support Program benefits.
The Tribunal found that while the appellant had continuous impairments, they were not substantial and did not substantially restrict his activities of daily living.
The Divisional Court applied the correctness standard of review and found no error of law in the Tribunal's assessment of the evidence.
The appeal was dismissed.
ODSP appeal allowed and new hearing ordered due to Tribunal's failure to appreciate mental health evidence.
The Divisional Court found that while the Tribunal correctly assessed the appellant's physical impairments, it erred in law by disregarding and failing to appreciate relevant evidence regarding his long-standing mental health impairments.
The appeal was allowed and the matter was returned to the Tribunal for a re-hearing before a different member.
