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RTA - Appeals - Consent Orders. Leginj v. Rahman
In Leginj v. Rahman (Ont Divisional Ct, 2025) the Divisional Court, in the course of an RTA s.210 appeal case conference, considered the CJA s.133(a) leave to appeal requirement for appeals of consent orders:[7] Neither party appealed this consent Order, nor could they. Section 133(a) of the Courts of Justice Act, R.S.O. 1990, c. C.43, (CJA) provides that leave to appeal is required from a consent order. Section 133(a) states:133 No appeal lies without leave of the court to which the appeal is to be taken,
(a) from an order made with the consent of the parties; [8] Section 133(a) applies to consent orders of the LTB: Arnold v. Lulu Holdings Inc., 2021 ONSC 8125, at paras. 34-37; Ravadgar v. Kaftroudi, 2023 ONSC 5471, at paras. 11 to 19, and cases cited therein. . Hughes v. Mehraban
In Hughes v. Mehraban (Div Court, 2023) the Divisional Court considered an appeal from an LTB consent order:[3] While s. 210(1) of the Residential Tenancies Act, 2006, provides that an appeal lies to the Divisional Court from a decision of the LTB, but only on a question of law, s. 133(a) of the Courts of Justice Act stipulates that no appeal applies lies from a consent order without leave of the court: Ravadgar v. Kaftroudi, 2023 ONSC 5471, at paras. 11 to 19.
[4] Accordingly, leave to appeal is required in the present case, and the Notice of Appeal in this case must therefore be quashed.
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