Valerie Cohl Crystal

The appellant sought to appeal and judicially review a Licence Appeal Tribunal (LAT) decision which found her claims for statutory accident benefits were statute-barred.

The Divisional Court dismissed the statutory appeal, finding that the LAT's determination of whether the insurer's denial letter was clear and unequivocal was a question of mixed fact and law, not an extricable question of law.

The court also declined to exercise its discretion to hear the judicial review application, holding that judicial review of a LAT decision on statutory accident benefits is only available in exceptional circumstances, given the legislative intent to limit appeals to questions of law.

The appellant tenant appealed a Landlord and Tenant Board order terminating her tenancy and evicting her family following an altercation with the building superintendent over a clogged sink.

The Divisional Court allowed the appeal, finding the Board made several errors of law.

Specifically, the Board failed to consider whether the tenant 'permitted' the illegal act (spitting) under s. 61(1) of the Residential Tenancies Act, improperly speculated about future risk under s. 66(1), and failed to consider all relevant circumstances for relief from eviction under s. 83.

The eviction order was set aside and the landlord's applications were dismissed.

The moving party sought leave to appeal the Assessment Review Board's decisions.

The Divisional Court granted leave to appeal on the issue of whether the Board breached the moving party's procedural fairness rights.

The respondent and the Board took no position on the motion, and no costs were ordered.

The appellants (tenants) appealed an eviction order from the Landlord and Tenant Board (LTB).

The LTB ordered eviction based on the tenants' failure to pay their share of utilities, which the LTB found substantially interfered with the landlords' rights.

The tenants argued the eviction was retaliatory because they complained to the municipality about heating issues.

The Divisional Court found the LTB erred in law by failing to consider the tenants' retaliation argument under s. 83(3) of the Residential Tenancies Act and by failing to consider whether to refuse the eviction on conditions under s. 83(1).

The appeal was granted in part and remitted to the LTB for a new hearing.

The applicants, foster parents who had cared for a three-year-old child since birth, sought judicial review of a Child and Family Services Review Board decision that overruled the Children's Aid Society's approval of their adoption application.

The Board had directed the child be placed with the respondents, who had previously adopted two of the child's maternal half-siblings, citing the importance of the child's Métis heritage and biological siblings.

The Divisional Court found the Board's decision unreasonable, noting it applied differential standards to the evidence, ignored the child's strong bond with the foster family, and relied on speculation regarding the child's ability to transition to a new home.

The application for judicial review was allowed, the Board's decision was quashed, and the Society's decision approving the applicants' adoption was restored.

The Licence Appeal Tribunal sought leave to intervene in an appeal launched by Birani Homes Limited against a decision directing Tarion Warranty Corporation to pay $300,000 for home foundation and wall replacement.

Birani opposed the intervention, citing concerns about duplication of submissions, lack of unique expertise, and potential prejudice, particularly regarding a reasonable apprehension of bias.

Tarion consented to the intervention.

The court granted the Tribunal intervenor status, limiting its participation to issues concerning the standard of review, the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act (ONHWPA) regarding year-end and major structural defect claims, and its Rules of Practice and Procedure on adding parties and disclosure.

Intervention on the issue of reasonable apprehension of bias was denied to prevent the Tribunal from appearing to defend its own decision.