Tenant's Appeal Dismissed in So v. Canadian Mental Health Association, Toronto Branch: So v. Canadian Mental Health Association, Toronto Branch 2024
Divisional Court upholds LTB decision, dismissing tenant's appeal on mental health accommodation and consent order issues
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
Jun 2024
Order Date
Jun 12, 2024
Dispute Summary
Tenant appealed a Landlord and Tenant Board decision that summarily rejected her request for reconsideration of a consent order terminating her tenancy. The tenant argued that her mental health issues vitiated her consent to the order and that the Board failed to properly inquire into her capacity to consent.
Determinations
- No errors of law in Board's reconsideration decision
- No violation of procedural fairness
- Vice Chair properly applied Rules of Procedure
- Tenant failed to establish grounds for interfering with consent order
- Section 83 of RTA not independently applicable at reconsideration stage
Case Study
The court found no errors of law or violations of procedural fairness in the Board's reconsideration decision. The Vice Chair properly considered whether the tenant provided sufficient information to support a preliminary finding of a serious error, as required by the Board's Rules of Procedure. The court rejected the tenant's argument that the Vice Chair erred by deciding the reconsideration on its merits at the screening stage.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Board's decision was correct and that there were no errors of law or procedural fairness violations.
Actions
Landlord agreed to provide tenant two extra months to leave the rental premises as part of a compromise.
Tenant
Arguments
Tenant argued that her mental health issues vitiated her consent to the order terminating her tenancy, that the Board failed to properly inquire into her capacity to consent, and that the Board failed to consider section 83 of the Residential Tenancies Act.
Actions
Tenant agreed to leave the rental premises with two extra months to do so in a compromise with the landlord.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to reject her request for reconsideration of a consent order terminating her tenancy. The court found no errors of law or procedural fairness violations in the Board's decision. The tenant was ordered to pay $2,500 in costs to the landlord.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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