Susan Miller v. Toronto Community Housing Corporation and Toronto Community Housing Corporation RGI Review Body

Tenant wins · 2022-04-04

Adjudicator

D.L. Edwards J.

Dispute

Rent Calculation, Rent Subsidy

Landlord

T.C.H.C., T.C.H.C.R.R.B.

Tenant

S.M.

Landlord rep

Doug Letto

Tenant rep

Benjamin Mingo

What happened

Tenant sought judicial review of two decisions by the Toronto Community Housing Corporation RGI Review Body regarding rent calculations and eligibility for rent-geared-to-income assistance dating back to 2010. The tenant argued that her rent should have been calculated based on her actual income rather than her employment letter, due to frequent absences from work to care for her disabled child.

The ruling

The court granted the application for judicial review, set aside the Review Body's decisions from February 15, 2019 and April 12, 2019, and ordered that the tenant's request for review and recalculation of RGI subsidy from 2010 through 2017 be returned to the Respondents for reconsideration by a different decision maker.