Wolek et al. v. Herzog et al., (1984) 4 O.A.C. 375 (DC)

• Judge: Southey, Saunders and Hollingworth, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: June 25, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 375 (DC)

Wolek v. Herzog (1984), 4 O.A.C. 375 (DC)

MLB headnote and full text

Wolek et al. v. Herzog et al.

Indexed As: Wolek et al. v. Herzog et al.

Ontario Divisional Court

Southey, Saunders and Hollingworth, JJ.

July 16, 1984.

Summary:

A tenant appealed to the Residential Tenancy Commission but forgot to serve the landlord with a notice of appeal. At the hearing the tenant applied for an adjournment in order to serve the landlord with the notice of appeal. The commission refused the adjournment. The tenant appealed.

The Ontario Divisional Court allowed the appeal and remitted the matter to the commission for determination of the appeal on its merits.

Administrative Law - Topic 570

The hearing and decision - Decisions of the tribunal - Requirement that decision be on merits and justice of the case - A tenant appealed to the Residential Tenancy Commission but forgot to serve the landlord with a notice of appeal - At the hearing the tenant unsuccessfully applied for an adjournment in order to serve the landlord - The Ontario Divisional Court held that the commission erred in refusing the adjournment because the commission was required (by virtue of s. 93 of the Residential Tenancy Act) to grant all amendments necessary to determine the merits and the justice of the case - See paragraph 3.

Administrative Law - Topic 526

The hearing and decision - Conduct of hearing - Adjournments - The Ontario Divisional Court referred to the proper considerations for the Residential Tenancy Commission in deciding whether a request for an adjournment should be granted - See paragraph 4.

Statutes Noticed:

Residential Tenancies Act, R.S.O. 1980, c. 452, sect. 93(1) [para. 3].

Rules of Practice (Ont.), rule 185 [para. 3].

Counsel:

Katherine Laird, for the appellant;

G.S. Joseph, for the respondent.

This appeal was heard by Southey, Saunders and Hollingworth, JJ., of the Ontario Divisional Court on June 25, 1984. The decision of the Divisional Court was delivered by Southey, J., and was released on July 16, 1984.