Appellant: The Crown
Respondent: John Doe
Issues: Whether the trial judge erred in finding that the Crown had not proven its case beyond a reasonable doubt.
Facts: John Doe was charged with possession of a controlled substance. At trial, the Crown presented evidence that police officers had found a bag containing a white powdery substance in John Doe’s pocket during a search. The Crown argued that this substance was cocaine and that it constituted possession of a controlled substance. The trial judge found that the Crown had not proven its case beyond a reasonable doubt and acquitted John Doe.
Decision: The Divisional Court dismissed the appeal and upheld the acquittal of John Doe. The Court held that the trial judge had properly applied the standard of proof beyond a reasonable doubt and had correctly concluded that the Crown had failed to meet this burden of proof.
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
The best way to learn about the history of a country is to read books and articles written by historians, visit museums, and talk to people who have lived in the country. Additionally, you can watch documentaries and films that focus on the country’s history. You can also look at old photographs and maps to gain an understanding of how the country has changed over time.
BETWEEN is a keyword used in SQL to specify a range. It is typically used in a WHERE clause to filter results within a certain range. For example, the following query will return all records from the table “Customers” where the age is between 18 and 30:
SELECT * FROM Customers
WHERE Age BETWEEN 18 AND 30;
MEDALLION CORPORATION
Landlord respondents are individuals who own or manage rental properties and are willing to answer questions about their experiences as a landlord. They may be asked questions about their rental policies, tenant screening process, maintenance procedures, and other topics related to being a landlord.
Play
Plug-and-play is a type of computer technology that allows users to connect hardware devices to their computers without having to install any additional software. This technology makes it easier for users to add new hardware components, such as printers, scanners, and external hard drives, to their systems. Plug-and-play also simplifies the process of setting up and configuring these devices.
The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face mask when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your coughs and sneezes, clean and disinfect frequently touched surfaces, and stay home if you are feeling sick.
CHAD W. TESTES AND STACY W. CEREBRI
Tenants, or appellants, are individuals who rent a property from a landlord. They may also be referred to as lessees or renters. Tenants have certain rights and responsibilities under the law, such as the right to a safe and habitable living space, the right to privacy, and the responsibility to pay rent on time. In some cases, tenants may take legal action against their landlord if they feel their rights have been violated. This is known as an appeal or tenant complaint.
The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face covering when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your mouth and nose when you cough or sneeze, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.
123 Main Street, Toronto, Ontario
Between:
Landlord: John Doe
Tenant: Jane Smith
I, the undersigned adjudicator appointed under the Residential Tenancy Act, S.O., 2006, c. 17 (the “Act”), hereby issue this decision with respect to the above-noted appeal.
The parties have appealed a decision of the Landlord and Tenant Board (the “Board”) dated June 1, 2020. The Board’s decision ordered that the tenant pay rent arrears in the amount of $2,000 by July 15, 2020. The tenant has requested an extension of time to pay the arrears and has argued that she is unable to pay due to financial hardship caused by COVID-19.
After considering all of the evidence presented at the hearing on August 10, 2020, I find that the tenant is unable to pay her rent arrears due to financial hardship caused by COVID-19. Therefore, I order that she be given an extension of time until October 15, 2020 to pay her rent arrears in full.
Signed this day of August 20th ,2020 ___________________________ Adjudicator
565 SHERBOURNE STREET, TORONTO, ON M4X1W7
BETWEEN:
John Doe, Appellant
– and –
Jane Smith, Respondent
REASONS FOR DECISION
[1] This is an appeal of two orders of the Landlord and Tenant Board (the “Board”). The first order was made by Member Aulbrook on February 9, 2022 (the “Aulbrook Order”) and the second order was made by Member Wilkins on February 17, 2022 (the “Wilkins Order”). The Aulbrook Order granted the Respondent’s application for an above-guideline rent increase. The Wilkins Order denied the Appellant’s request to review and vary the Aulbrook Order.
[2] For the reasons that follow, I find that the Wilkins Order should be set aside and a new hearing should be held before a different member of the Board.
[3] The relevant facts are as follows. On January 15, 2021, the Respondent served notice on the Appellant proposing an above-guideline rent increase of $50 per month due to increased operating costs associated with security services at the rental unit. On February 9, 2021, Member Aulbrook heard both parties’ submissions and granted the Respondent’s application for an above-guideline rent increase in accordance with section 126(1)(a) of the Residential Tenancies Act (the “Act”).
[4] On February 17, 2021, Member Wilkins heard both parties’ submissions regarding whether or not to review and vary the Aulbrook Order. After considering all of the evidence presented at both hearings, Member Wilkins determined that there were no grounds to review and vary the Aulbrook Order and dismissed the Appellant’s request.
[5] The Appellant now appeals both orders on two grounds: 1) that he was denied procedural fairness; and 2) that there was a lack of evidence to support either order. I will address each ground in turn.
[6] With respect to procedural fairness, I find that there were several instances where procedural fairness was not provided to either party during both hearings before Members Aulbrook and Wilkins. First, neither party was given adequate time to present their case or respond to questions posed by either member. Second, neither party was given sufficient opportunity to cross-examine witnesses or challenge evidence presented by either side. Thirdly, neither party was given adequate notice of any changes in procedure or rules governing either hearing which could have affected their ability to present their case effectively. Finally, neither party received any explanation from either member as to why certain decisions were made or why certain evidence was accepted or rejected during either hearing. In light of these findings I find that procedural fairness was not provided during either hearing before Members Aulbrook or Wilkins which resulted in prejudice being suffered by both parties. Therefore I find that it is necessary for a new hearing before a different member of the Board in order for justice to be served in this matter.
[7] With respect to lack of evidence supporting either order I find that there is insufficient evidence available in this case upon which a reasonable decision can be based with respect to either order issued by Members Aulbrook or Wilkins. Specifically there is no clear evidence as to what additional costs were incurred by the Respondent due to increased security services nor is there any clear evidence as how much those additional costs amount too nor is there any clear evidence as how much those additional costs would affect monthly rent payments if approved by a Board member . In light of these findings I find it necessary for a new hearing before a different member of the Board in order for justice to be served in this matter .
[8] For all these reasons I hereby set aside both orders issued by Members Aulbrook and Wilkins dated February 9th 2022 and February 17th 2022 respectively ,and direct that a new hearing be held before a different member of The Landlord And Tenant Board .
Dated: April 5th ,2022
Signed: Judge John Smith
CERTIFICATE OF STAY
The appeal was filed on March 5, 2022 and the stay of proceedings is effective from that date. The stay will remain in effect until the appeal is heard or otherwise disposed of.
Time: 7:00 PM
Location: The Grand Ballroom, 123 Main Street, Anytown, USA
Date: April 15, 2020
