Appeal from Ontario Landlord and Tenant Board Decision

In Ontario, appeals from Landlord and Tenant Board Decisions to the Ontario Divisional Court pertain to questions of law. In the following case, the Ontario Divisional Court found the appeal did not raise a question of law but related to a question of mixed fact and law and therefore was not subject to appeal. Questions of law are questions about what the correct legal test is; questions of fact are questions about what actually took place between the parties; and questions of mixed law and fact are questions about whether the facts satisfy the legal tests.

Highfields Farm Corp. v. Francis 2024 ONSC 6732 (Ont.Div.Ct.)