Applying the framework articulated in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (the Supreme Court of Canada's recent, seminal decision on administrative law), the Divisional Court held that statutory appeals from decisions of the OSC will now be reviewed on appellate standards of review. On this approach, questions of law will attract a "correctness" standard of review; and questions of fact or mixed fact and law will attract a "palpable and overriding error" standard of review. In the final analysis, the Divisional Court's decision following the Vavilov standard signals not only a likely material increase in the prospects of a successful appeal on questions of law, but also a potential increase in the number of appeals from decisions of the OSC.
- On: March 21st, 2023 at 1109EDT
- From: Chad
- To: Divisional Court, Panel Coordinator
- Cc: Stacy, Valerie Crystal, Floredana Ungureanu, Kristin A. Ley
- Re: RE: Medallion Corporation vs Tenants — File No.: 107/22 (2023-06-14)
Good morning everyone,
Justice Matheson directs as follows:
This LTB appeal will be heard on June 14, 2023, by a Zoom virtual hearing. The appellant Mr. Testes has requested accommodation in order, as put in his email, that he and his wife not be harassed or subject to malevolent actions at their court hearing.
Please be advised that the panel of three judges conducting the hearing will ensure that it is conducted in an appropriate fashion. If you have any concerns at the hearing, you may raise them with the panel.
Mr. Testes also asks for a printout of the proceedings. It is not clear what he is requesting. If he seeks a paper copy of the Court documents of the landlord and the LTB that respond to the appeal, he should make that request of those parties. If that request is made, the Court directs that those parties provide the Appellants with a Paper Copy.
- Donna Greson
- Divisional Court, Panel Coordinator.