ADMINISTRATIVE LAW Case commentary:

Manpel v. Greenwin Property Management et al., (2005) 200 O.A.C. 301 (DC)

I) CASE:

In the case of Manpel v. Greenwin Property Management, the tenant, Larry Manpel, applied for judicial review of the decision of the Ontario Rental Housing Tribunal (OHRT) to the Divisional Court.

II) LEGAL ANALYSIS:

Discuss the following legal issues: 1) what rules of natural justice/procedural fairness were breached at the ORHT hearing; 2) what were the primary reasons of the Divisional Court in reaching its decision; and 3) what was the outcome of the application for judicial review. Discuss whether you agree with the outcome of the case and the basis for your position.

The case commentary should be organized under the following headings:

- Facts

- Issue(s)

- Analysis [The Divisional Court's analysis of how the rules of natural justice were breached]

- Outcome

- Critique

Note: There is a related issue dealing with whether an administrative tribunal could grant a motion for a non-suit where the applicant did not establish the basic elements of his or claim (a prima facie case). The tribunal found it did have such power. However, you are not to include this issue in your case comment.