Divisional Court Dismisses Tenant Appeal: Fernandes v. Golle, 2021 ONSC 6773
Divisional Court dismisses tenant appeal due to jurisdictional limitations in residential tenancy disputes
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$9,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Order Date
Dec 17, 2021
Dispute Summary
Tenants appealed a Landlord and Tenant Board order terminating their tenancy. They sought to set aside a consent order, claiming the Landlords misrepresented that they could purchase the property if they agreed to the order.
Determinations
- Appeal raises a question of mixed fact and law
- Divisional Court lacks jurisdiction to hear the appeal
- Landlords entitled to costs of the appeal
Case Study
The Divisional Court determined it lacked jurisdiction to hear the appeal as it raised a question of mixed fact and law, while the court's jurisdiction is limited to questions of law under s.210(1) of the Residential Tenancies Act.
Arguments and Actions
Tenant
Arguments
Tenants argued that the consent order should be set aside due to the Landlords' alleged misrepresentation about their ability to purchase the property if they agreed to the order.
Actions
Tenants sought to introduce fresh evidence to support their claim that the consent order was induced by misrepresentation from the Landlords.
Decision Summary
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's order terminating their tenancy due to lack of jurisdiction. The court determined that the appeal raised a question of mixed fact and law, which falls outside its jurisdiction under the Residential Tenancies Act. The Landlords were awarded $9,000 in costs.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$9,000
Costs of appeal awarded to Landlords
Total Owing
$9,000 (Owed to Landlord)
Source
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