So v. Canadian Mental Health Association, Toronto Branch
Last updated: August 16, 2024
Order
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Citation: So v. Canadian Mental Health Association, Toronto Branch, 2024 ONSC 3371
File Number: 603/23
Timeline
Hearing Date
Jun 2024
Order Date
Jun 12, 2024
Decision
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.
Dispute
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
Landlord's Arguments
Arguments
Landlord argued that the Board's decision was correct and that there were no errors of law or procedural fairness violations.
Actions and Evidence
Landlord agreed to provide tenant two extra months to leave the rental premises as part of a compromise.
Tenant's Arguments
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 and Evidence
Tenant agreed to leave the rental premises with two extra months to do so in a compromise with the landlord.
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