Summary

Keywords

Administrative law — Boards and tribunals — Crown law – Crown liability — Vicarious liability — Whether Landlord and Tenant Board is an entity capable of being sued — Whether Crown vicariously liable for acts of Landlord and Tenant Board.

Summary

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The applicant made a series of applications to Ontario’s Landlord and Tenant Board (the “LTB”) between 2011 and 2017. In 2019, she commenced an action against the LTB, alleging misconduct by the LTB members who handled her applications. She also alleged that the Crown was vicariously liable for these acts. The Crown and LTB moved to strike her claim.

The motion judge held that the action was certain to fail and struck the applicant’s claim without leave to amend. He held that the LTB is not an entity capable of being sued, and that the LTB is sufficiently independent from the Crown as to foreclose vicarious liability. The Court of Appeal agreed with the motion judge and also noted that the Crown is statutorily immune from claims arising from the acts of quasi-judicial tribunals like the LTB.

Lower Court Rulings