so...
i did study the difference between reasonableness and correctness; i did
study dunsmuir. this isn't greek. although, having studied mathematics
deeply and having dabbled in philosophy....i'm not terrible with greek.
i get the broad idea of what i need to do.
as i've stated repeatedly, i think the ruling was incorrect:
that i provided plenty of evidence of the action being retaliatory,
that i explicitly mentioned it more than once, including at the end, and
that the adjudicator had minimal discretion in ruling under 83(3). she
just wasn't paying attention; she'd already made up her mind. and, she
done fucked right up, she did, yup. this argument is clear enough in my
mind.
Further, subsection 83(3) provides for mandatory relief from eviction in certain situations.
If the Board finds that any of clauses (a) to (e) of subsection 83(3) applies, the Board must
not grant the application to evict.
what's daunting
is the formalities, the pomp, the procedure. because there isn't an
instruction manual - or at least i haven't found it yet. and, what i'm
going to do wrong here is screw up a technicality...
i was actually glad to see that the precedent is dunsmiur. something familiar. an anchor. 'cause i remember that shit...
jagmeet singh must cut his beard.