|
RTA - Appeals - Divisional Court Panels. Salim v. Singh
In Salim v. Singh (Div Court, 2024) the Divisional Court allowed an RTA s.210 appeal where the LTB "refused to apply the Ontario Human Rights Code, R.S.O. 1990, c. H.19 (“the Code”), to determine whether a landlord’s refusal to rent a townhome to a couple with three children was “arbitrary or unreasonable” under s. 95(5)" [Assignment, Subletting and Unauthorized Occupancy - Refusal or non-response].
Here the court notes that - for the time being - RTA s.210 appeals shall be heard by single member of the Divisional Court:[17] The Tenants appeal the Wren Order to this Court (“the Appeal”). As of January 25, 2023, the Associate Chief Justice of the Ontario Superior Court of Justice decided that all appeals from decisions of the LTB shall be heard and determined by a single judge of the Divisional Court because they meet the criteria in s. 21(2)(c) of the Courts of Justice Act, R.S.O. 1990, c. C.43, and because having them heard by a single judge promotes access to justice. . O’Shanter Development Company Ltd. v. Adai et al
In O’Shanter Development Company Ltd. v. Adai et al (Div Court, 2023) the Divisional Court cited a 25 January 2023 judicial memorandum that allowed RTA appeals to be heard by a one-member panel, pursuant to CJA s.21(2)(c):[14] The Divisional Court has jurisdiction pursuant to s.210 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (“RTA”), to hear appeals on questions of law. As of January 25, 2023, as per the memorandum from Associate Chief Justice McWatt, issued pursuant to section 21(2)(c) of the Courts of Justice Act, all appeals from the Landlord and Tenant Board are to be decided by a single judge of the Divisional Court. I therefore have appropriate jurisdiction to hear this matter. . Hughes v. Mehraban
In Hughes v. Mehraban (Div Court, 2023) the Divisional Court cites authority for the hearing of RTA appeals by a single judge of the Divisional Court:[15] If leave to appeal is granted, appeals from decisions of the LTB have been designated to be heard and determined by a single judge of the Divisional Court under s. 21(2)(c) of the Courts of Justice Act. . Smith v. Gega
In Smith v. Gega (Div Court, 2023) the Divisional Court noted a 2023 court memorandum that stated: "(a)s of January 25, 2023, as per the memorandum from Associate Chief Justice McWatt, issued pursuant to section 21(2)(c) [SS: "Composition of court for hearings"] of the Courts of Justice Act, all appeals from the Landlord and Tenant Board are to be decided by a single judge of the Divisional Court.":JURISDICTION
[13] The Divisional Court has jurisdiction pursuant to s.210 of the RTA, to hear appeals on questions of law. As of January 25, 2023, as per the memorandum from Associate Chief Justice McWatt, issued pursuant to section 21(2)(c) of the Courts of Justice Act, all appeals from the Landlord and Tenant Board are to be decided by a single judge of the Divisional Court. I therefore have appropriate jurisdiction to hear this matter.
[14] Under subs. 210 (4) and (5) of the RTA, I may affirm, rescind, or replace the Order; remit the matter to the Board with the Divisional Court’s opinion; or make any other order, including with respect to costs that I consider proper.
|
