Devoid of Merit (Appeal - LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-27
CLNP Page ID:	1898
Page Categories:	[Appeals]
Citation:	Devoid of Merit (Appeal - LTB), CLNP 1898, <>, retrieved on 2024-11-27
Editor:	Sharvey
Last Updated:	2022/04/03

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Capreit v. Veiga, 2022 ONSC 958 (CanLII)

[36] An appellate court may quash an appeal where it is manifestly devoid of merit: Leysork Holdings Ltd. v. Munden Acres Ltd. (1976) O.R. (2d) 430, 1976 CarswellOnt 300 (CA) at para. 18; Solomon v. Levy, 2015 ONSC 2556 at para. 34.

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[39] I find that the Tenant’s appeal is devoid of merit. I further find that it does not raise a question of law, which is required in order to appeal under s. 210 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17. I explain my reasons for this finding below.

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[46] Section 210 of the Residential Tenancies Act, 2006 provides that appeals from the LTB may be brought “only on a question of law”. A question of law is a question about what the correct legal test is. A question of fact is about what actually took place between the parties. A question of mixed fact and law is a question about whether the facts satisfy the legal tests. Only questions about whether or not the LTB applied the correct legal test can be appealed to this court. Questions about whether the facts determined by the LTB satisfy the applicable legal tests are questions of mixed fact and law, and cannot be appealed: Solomon at paras. 31-33; Lafontaine v. Grant, 2019 ONCA 552 at paras. 6-7; Regan v. Ennis, 2016 ONSC 7143 at para. 23.

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[53] An appeal will be an abuse of the court’s process where it is brought seeking solely to delay: Solomon at para. 34; Regan at paras. 24 and 26.