Ontario Superior Court of Justice (Divisional Court) – Regan v. Latimer (Part I)

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.

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