Davidson et al. v. Bagla, (2006) 216 O.A.C. 42 (DC)

• Judge: Meehan, Chapnik and Donohue, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: September 12, 2006
• Jurisdiction: Ontario
• Citations: (2006), 216 O.A.C. 42 (DC)

Davidson v. Bagla (2006), 216 O.A.C. 42 (DC)

MLB headnote and full text

Temp. Cite: [2006] O.A.C. TBEd. OC.048

Amanda L. Davidson and Erika H. Rochow (applicants/respondents in appeal) v. Naveen Bagla (respondent/appellant in appeal)

(78710)

Indexed As: Davidson et al. v. Bagla

Court of Ontario

Superior Court of Justice

Divisional Court

Meehan, Chapnik and Donohue, JJ.

October 10, 2006.

Summary:

Tenants filed an application with the Ontario Rental Housing Tribunal, claiming that the landlord harassed, obstructed, coerced, threatened or interfered with them. They sought an order for compensation and to obtain their belongings. The landlord's request for an adjournment was denied and the matter proceeded. The Tribunal allowed the tenants' application. The Tribunal denied the landlord's request for a review. The landlord appealed.

The Ontario Divisional Court allowed the appeal, set aside the Tribunal's orders and remitted the matter to the Tribunal to be heard by a different Tribunal member.

Administrative Law - Topic 225

The hearing and decision - Right to be heard - What constitutes not being heard - [See Landlord and Tenant - Topic 7143 ].

Administrative Law - Topic 526

The hearing and decision - Conduct of hearing - Adjournments - [See Landlord and Tenant - Topic 7143 ].

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - [See Landlord and Tenant - Topic 7143 ].

Administrative Law - Topic 2451

Natural justice - Procedure - Notice - Effect of lack of notice - [See Landlord and Tenant - Topic 7143 ].

Administrative Law - Topic 2484

Natural justice - Procedure - At hearing - Adjournments - [See Landlord and Tenant - Topic 7143 ].

Landlord and Tenant - Topic 7143

Regulation - Procedure - Procedural fairness - Requirement of - Tenants filed an application with the Ontario Rental Housing Tribunal seeking compensation and the return of their belongings - The Tribunal waived the statutory 10-day notice to the landlord requirement resulting in the landlord only receiving two days' notice of the hearing - The Tribunal denied his request for an adjournment so he could prepare for and present his case fully - The matter proceeded with the landlord representing himself - The Tribunal allowed the tenants' application and denied the landlord's request for a review - The Ontario Divisional Court allowed the landlord's appeal - The Tribunal's decision to abate the normal notice period and then not grant the adjournment was unreasonable and constituted a fundamental error in law and a miscarriage of justice - The Tribunal member erred in not providing the landlord with an adequate opportunity to know the issues and be heard on the matter as required by s. 171 of the Tenant Protection Act.

Cases Noticed:

Dollimore v. Azuria Group Inc. (2001), 152 O.A.C. 57 (Div. Ct.), refd to. [para. 5].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22; 174 D.L.R.(4th) 193, refd to. [para. 6].

Manpel v. Greenwin Property Management et al. (2005), 200 O.A.C. 301 (Div. Ct.), refd to. [para. 6].

London (City) v. Ayerswood Development Corp. et al. (2002), 167 O.A.C. 120 (C.A.), refd to. [para. 24].

Counsel:

Paul Dusome, for the applicants/respondents in appeal;

Yan David Payne, for the respondent/appellant in appeal.

This appeal was heard at Newmarket, Ontario, on September 12, 2006, before Meehan, Chapnik and Donohue, JJ., of the Ontario Divisional Court, who released the following decision on October 10, 2006.