Divisional Court Dismisses Tenants' Appeal: Shearer v. Oz, 2024 ONSC 1890
Divisional Court dismisses tenants' appeal of LTB decision, citing lack of jurisdiction for interlocutory appeals
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
Apr 4, 2024
Dispute Summary
Tenants sought leave to appeal an LTB decision that dismissed their second motion to void a prior LTB eviction order. The LTB had dismissed the tenants' motion because it was brought under the wrong section of the Residential Tenancies Act. The Divisional Court dismissed the tenants' motion for leave to appeal, citing lack of jurisdiction to hear appeals from interlocutory LTB decisions.
Determinations
- No jurisdiction for Divisional Court to hear leave to appeal from interlocutory LTB decisions
- Tenants' motion dismissed
- Ongoing process at LTB should be completed before considering further legal action
Case Study
The court determined that there is no statutory provision granting jurisdiction to seek leave to appeal an interlocutory decision of the LTB to the Divisional Court. The Residential Tenancies Act does not provide this right, and it would be inconsistent with the Act to have such a right. The Courts of Justice Act also does not provide jurisdiction in this case.
Arguments and Actions
Tenant
Arguments
Tenants argued that they should be granted leave to appeal the LTB's interlocutory decision.
Actions
Tenants brought a motion for leave to appeal an LTB decision that dismissed their second motion to void a prior LTB eviction order.
Procedural Errors
Tenants brought their motion to void the eviction order under the wrong section of the Residential Tenancies Act.
Decision Summary
The Divisional Court dismissed the tenants' motion for leave to appeal the LTB's decision, citing lack of jurisdiction to hear appeals from interlocutory LTB decisions. The court advised that the tenants should continue with the ongoing process at the LTB, and only pursue an appeal or judicial review after the LTB proceedings are concluded.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
42.9%
Mutual Agreement
0.0%
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