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Appeals - Remedies - Other Orders [CJA 134(1)(c)]. Collins-Neely v. 2540507 Ontario Inc. et al
In Collins-Neely v. 2540507 Ontario Inc. et al (Ont Divisional Ct, 2025) the Divisional Court dismissed a s.210 RTA appeal, here where the central issue was "the validity of an agreement executed by the parties to terminate the tenancy" alleged to have been signed by the tenant under duress.
Here the appeal court applies the generic CJA 134(1)(c) ["make any other order or decision that is considered just")] appeal remedial powers to effectively extend the Board-ordered RTA s.83(1)(b) 'eviction time-extension' discretionary provision that allows that an "order that the enforcement of the eviction order be postponed for a period of time":[2] The LTB declared that Ms. Collins-Neely's tenancy would be at an end as of October 31, 2024. Additionally, it ordered that she vacate the premises by that date. Finally, it authorized the Court Enforcement Office (the Sheriff) to deliver vacant possession of the unit to the Landlord as of November 1, 2024.
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[15] Respectfully, Ms. Collins-Neely's appeal does not raise a question of law. Essentially, she is asking this court to reconsider the evidence presented and the arguments made during the hearing and to replace the findings made by the Board Member with its own findings. However, this is not something the court can do. Similarly, the court cannot review how the Board Member exercised her discretion under section 83(1)(b) of the Residential Tenancies Act or substitute its decision regarding postponing the eviction. Accordingly, this court has no choice but to dismiss Ms. Collins-Neely's appeal.
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[17] In short, the Board member conducted a fair hearing at which she heard evidence from the parties, received exhibits, and made findings amply supported by the record before her. Finally, she exercised her discretion under section 83(2) of the Residential Tenancies Act to postpone the eviction, with due regard to Ms. Collins-Neely's circumstances and the competing needs of the Respondent.
[18] The appeal, therefore, is dismissed.
[19] However, in the interests of justice, mindful of Ms. Collins-Neely's circumstances and the Respondent's competing interests, I exercise my authority under the Courts of Justice Act, R.S.O. 1990, c. C-43, s. 134(1)(c), and hereby order that the Sheriff not affect Ms. Collins-Neely's eviction before March 13, 2025. Ms. Collins-Neely remains obligated to pay the Respondent rent on the premises until that date on a pro-rated basis for March.
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