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Appeal Court Dicta

Civil Litigation - Party Agreements as to Facts

. Lacroix v. Central-McKinlay International Ltd.

In Lacroix v. Central-McKinlay International Ltd. (Div Ct, 2022) the Divisional Court commented on the practice of parties' agreeing as to facts for purposes of a hearing:
[20] The tenant points to the LTB finding that certain facts were agreed at the hearing as a failure in the process below: he argues that there is no basis in the record establishing this “agreement”. The agreed facts are not challenged before us: they are in respect to background facts:
(a) that notice of termination was timely and in compliance with the RTA.

(b) that the landlord obtained the necessary demolition permits.

(c) that compensation for termination is not payable because there are less than five rental units at the premises (RTA, s.52(b)).
[21] The LTB stated in its reasons that these facts were agreed. Such an agreement may be conveyed to the LTB orally at the hearing. The purpose of such an agreement is to focus the hearing on truly contested issues. There is no basis in the record to suppose that (a) any of these facts was not true, (b) conceding these facts was unreasonable; (c) the agreed facts were not, in fact, agreed at the hearing. These are precisely the sorts of issues that should be conceded if there is no legitimate issue in respect to them, as was the case here.

[22] We see no procedural unfairness and no failure of justice in the substantive result. The case turned on questions of fact in respect to which there is no appeal available.


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