Zachary Rodgers

The tenants appealed a Landlord and Tenant Board (LTB) decision that found the landlord did not unreasonably refuse to assign their lease to a family of five.

The LTB member had explicitly refused to consider whether the landlord's occupancy limits discriminated against the proposed assignees on the basis of family status under the Human Rights Code.

The Divisional Court allowed the appeal, holding that the LTB committed a serious error of law by failing to apply the Code when interpreting whether the refusal was 'arbitrary or unreasonable' under s. 95(5) of the Residential Tenancies Act.

The Court articulated an adapted Moore test for assessing discrimination in lease assignments and remitted the matter to the LTB for a re-hearing.

This is a proposed class proceeding concerning pension transfers from the Ontario public service to the federal public service.

The parties negotiated an agreement to certify the action for settlement purposes.

This order approves the proposed communication and notice plan for class members and fixes a date for the certification and settlement approval motion, ensuring class members are informed of their options.