Mr. Nicoladze, the tenant, appeals from two orders of the Landlord and Tenant Board. The first order dismissed the tenant’s complaint that the respondent landlord had illegally entered his rental unit and, once there, had invaded his privacy by taking pictures of the interior of the unit. The second order dismissed the tenant’s request for a review of the first order.
Matthew Riddell (the “Appellant”) appeals from the final order of the Landlord and Tenant Board (the “Board”) dated April 16, 2014 terminating the Appellant’s tenancy effective April 30, 2014 on the basis he had substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord, Dale Eldridge (the “Respondent”). For the reasons that follow, I dismiss the appeal. In my view, the Board did not err in granting the Respondent’s application to terminate the Appellant’s tenancy. The Board’s findings that the Respondent had suffered and was continuing to suffer a severe allergic reaction caused or contributed to by the Appellant’s dog was more than supported by the evidence and sufficient to support a termination pursuant to s. 76(1)(b) of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (the “Act”).
On the evening of August 1, 2011, the plaintiff Anne McGillivary went for a walk with her son, Charles McGillivary. Ms. McGillivary lived on Pendrith Street in the City of Toronto, near Christie Pits Park. They walked along Bloor Street West almost to Bathurst Street at which point they turned around and headed back toward home along the south side of Bloor Street West.
This is a motion to vary or set aside the order of Pattillo J., dated June 21, 2016, dismissing the Tenant’s appeal as devoid of merit and vacating the stay of the eviction order. At the conclusion of the motion, we dismissed the motion with reasons to follow. These are our reasons. The test to be applied on such as a motion is set out in Marsden v. Ontario (Minister of Community Safety and Correctional Services), 2012 ONSC 6118 (Ont. Div. Ct.) — a panel should only intervene to vary or set aside the order of a single judge if the single judge made an error of law or a palpable and overriding error of fact.
The Landlord, Donna Latimer, brings this motion to dismiss the Tenant, James Regan’s appeal from the decision of the Landlord & Tenant Board (the “Board”) dated April 15, 2016, which, among other things, terminated his tenancy. At the conclusion of the hearing, I advised the parties that, for reasons to follow, I was allowing the motion and ordering, among other things, that Mr. Regan’s appeal be quashed on the basis that it was completely devoid of merit and the stay be vacated.
The Landlords Sheldon Solomon and Sherry Solomon seek an order quashing the appeal of the Tenants Gad Levy and Karen Levy and lifting the stay of the order that was issued by Vincent Ching, a Member of the Landlord and Tenant Board (”the Board”) on January 15, 2015 (”the termination order”).
