Toby G. Young

The applicant filed an application under s. 34 of the Human Rights Code.

The Tribunal scheduled a hearing for October 13, 2010.

The applicant failed to comply with disclosure rules and did not attend the hearing.

The respondent attended and requested the application be dismissed.

The Tribunal found that the applicant was aware of the hearing but decided not to attend.

As the applicant failed to provide evidence in support of his allegations, the application was dismissed.

The City of Ottawa appealed a decision of the Ontario Rental Housing Tribunal that found it to be a 'landlord' under the Tenant Protection Act after it reinstated a rent supplement for a tenant facing eviction.

The Divisional Court found that the underlying dispute between the tenant and the property owner had been resolved, as the tenant had vacated the premises and no arrears were owed.

Applying the Borowski test, the court concluded the appeal was moot and declined to exercise its discretion to hear it, noting that the issue of whether the City is a landlord is best left to the legislature.

The tenant appealed a Tribunal decision regarding her ability to reasonably participate in a proceeding and a motion to set aside a default order.

The Divisional Court found the appeal to be moot.

Applying the Borowski factors, the court declined to hear the appeal, concluding that the issue was not of public importance requiring prompt resolution.

The appeal was dismissed with costs fixed at $1,500.