In Stenka v. Garten (Div Court, 2023) the Divisional Court considered the role of the LTB's expertise as a factor in the appellate SOR under RTA s.210:
Standard of Review
[15] Appeals from decisions of the LTB to this court are limited to questions of law: RTA, s. 210(1). The standard of review on questions of law is correctness. While issues of procedural fairness are reviewed on a correctness standard, this does not detract from the need to respect the LTB’s specialized function, expertise and familiarity with the RTA: Reisher v. Westdale Properties, 2023 ONSC 1817, [2023] O.J. No. 1273 (Div. Ct.), at para. 10.
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