Failure of Natural Justice: Difference between revisions
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== | ==Brewer v. The Landlord Tenant Board Southern RO, 2018 ONSC 1006 (CanLII)<ref name="Brewer"/>== | ||
37 It has been repeatedly held that '''<u>a failure of natural justice is reviewable on appeal by this court</u>''' (see [http://canlii.ca/t/fqdv6 Decosse v. Isles of Innisfree Non Profit Homes, 2012 ONSC 1413 (Div. Ct.) (CanLII) (“Decosse”)]; and [http://canlii.ca/t/gkbl4 Duncan v. Toronto Community Housing Corp., 2015 ONSC 4728 (Div. Ct.) (CanLII) (“Duncan”))]. | 37 It has been repeatedly held that '''<u>a failure of natural justice is reviewable on appeal by this court</u>''' (see [http://canlii.ca/t/fqdv6 Decosse v. Isles of Innisfree Non Profit Homes, 2012 ONSC 1413 (Div. Ct.) (CanLII) (“Decosse”)]; and [http://canlii.ca/t/gkbl4 Duncan v. Toronto Community Housing Corp., 2015 ONSC 4728 (Div. Ct.) (CanLII) (“Duncan”))]. | ||
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::Under the [https://www.ontario.ca/laws/statute/06r17 Residential Tenancies Act, 2006, S.O. 2006 c. 17], there is a statutory right of appeal on questions of law alone, a factor suggesting a more rigorous standard of review. '''Further, the Court has wide powers on appeal, and may affirm, rescind, replace, or amend the decision below, remit the matter back with the opinion of the Court, and make any other order that it considers proper. It may substitute its own opinion for that of the Tribunal.''' | ::Under the [https://www.ontario.ca/laws/statute/06r17 Residential Tenancies Act, 2006, S.O. 2006 c. 17], there is a statutory right of appeal on questions of law alone, a factor suggesting a more rigorous standard of review. '''Further, the Court has wide powers on appeal, and may affirm, rescind, replace, or amend the decision below, remit the matter back with the opinion of the Court, and make any other order that it considers proper. It may substitute its own opinion for that of the Tribunal.''' | ||
<ref name="Brewer">Brewer v. The Landlord Tenant Board Southern RO, 2018 ONSC 1006 (CanLII), <http://canlii.ca/t/hqg5p>, retrieved on 2020-09-27</ref> | |||
Revision as of 13:20, 27 September 2020
Brewer v. The Landlord Tenant Board Southern RO, 2018 ONSC 1006 (CanLII)[1]
37 It has been repeatedly held that a failure of natural justice is reviewable on appeal by this court (see Decosse v. Isles of Innisfree Non Profit Homes, 2012 ONSC 1413 (Div. Ct.) (CanLII) (“Decosse”); and Duncan v. Toronto Community Housing Corp., 2015 ONSC 4728 (Div. Ct.) (CanLII) (“Duncan”)).
[38] I adopt the following summary of the requirement for natural justice from Decosse (at paragraphs 6-8):
- A Tribunal is required to comply with the requirements of natural justice. There is no standard of review. On appeals on questions of law, the standard of review to be applied is correctness. Failure to meet the standards will result in a Tribunal's order being quashed.
- Under the Residential Tenancies Act, 2006, S.O. 2006 c. 17, there is a statutory right of appeal on questions of law alone, a factor suggesting a more rigorous standard of review. Further, the Court has wide powers on appeal, and may affirm, rescind, replace, or amend the decision below, remit the matter back with the opinion of the Court, and make any other order that it considers proper. It may substitute its own opinion for that of the Tribunal.
- ↑ 1.0 1.1 Brewer v. The Landlord Tenant Board Southern RO, 2018 ONSC 1006 (CanLII), <http://canlii.ca/t/hqg5p>, retrieved on 2020-09-27
