Member's delay in commenting about language not raising reasonable apprehension of bias

Ontario civil | Real Property | Landlord and tenant | Residential tenancies

Board found that tenant refused to permit landlord to enter her apartment as required by lawful Notice of Entry in order to assess extent of repair work requested by tenant. Board member concluded that tenant's conduct substantially interfered with landlord's reasonable enjoyment of residential complex. Member ordered termination of tenancy and eviction of tenant. Tenant appealed, with central allegation being that member was biased. Appeal dismissed. Allegations did not come close to satisfying high standard required to displace presumption of impartiality. Transcript did not show member denying tenant right to present evidence of past negative conduct of landlord. It was not established that member exclusively offered superintendent opportunity to seek adjournment; member had no obligation to offer, far less to order, adjournment. It was open to member to refrain from commenting on what he considered to be racially insensitive comment made by superintendent, who was oblivious to offence it gave. Member's delay in commenting about language did not raise reasonable apprehension of bias. It was open to member to conclude that superintendent's actions were not motivated by racism. Fact that member referred to tenant as “tenant” and referred to other individuals by their initials did not raise reasonable apprehension of bias; member consistently used terms “landlord” and “tenant”, referring to all other individuals by their initials.

Read v. Alto Properties Inc. (2019), 2019 CarswellOnt 5658, 2019 ONSC 1451, M. Dambrot J., Wilton-Siegel J., and Emery J. (Ont. Div. Ct.).

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