Court File and Parties

COURT FILE NO.: 812/95 DATE: 20030221

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

B E T W E E N:

LOUIS KALLINIKOS Appellant (Landlord)

• and -

JERRY WONG Cross-Appellant (Tenant)

Counsel: David M. Rovan, for the Appellant Jerry Wong, In Person

HEARD: February 21, 2003

Oral Reasons for Judgment

BENOTTO J.: (Orally)

1This is an appeal by the tenant from the decision of Madam Justice Thomson of the Small Claims Court, dated some time in 1994.

2There were two actions before her; one was for abatement of rent due to the condition of the premises and the other was for damage to the tenant's goods and they were stored or disposed of. The first issue has been determined, she did find that there was an abatement of rent, awarded damages and they have been paid.

3The issue before me on this appeal has to do with the damage to the goods when they were stored or disposed of. Madam Justice Thomson found as fact that the tenant had the opportunity to remove his goods, that he had not done so and that in her view the landlord had the right to dispose of and store the tenant's goods. She found that some of the tenant's equipment was damaged when moved to storage and assessed that damage in the amount of $1,908.00.

4She also found as fact that the landlord was entitled to dispose of the tenant's goods if they were bug infested and rotten and found that the tenant was liable to the landlord for storage and moving costs. She proceeded to assess those costs at the amount of $1,900.00.

5Given the fact that these two claims were so close to each other in terms of the amounts, she dismissed the tenant's claim for damages to his goods and dismissed the landlord's counter claim.

6I have read the material provided by the tenant. He appeared in Court this morning to argue in person. Originally when he appeared he had with him an interpreter. The interpreter told me in Court that she would return between 12:15 p.m. and 12:30 p.m. when the time for the appeal was set by me. At 12:35 p.m. when I was ready to begin, the interpreter was not here and Mr. Wong advised me in English that he wished to argue the appeal himself and that he had told the interpreter to leave.

7I have listened to the argument, reviewed the material and I can find that the appeal is based solely on findings of fact. In my view, Justice Thomson did not misapprehend the evidence. There is no palpable or overriding error and I have no reason to doubt the correctness of her decision. Therefore the cross appeal is dismissed.

8Costs are fixed at $2,500, payable by Mr. Wong to Mr. Kallinikos forthwith.

BENOTTO J.

Date of Reasons for Judgment: February 21, 2003 Date of Release: February 26, 2003

COURT FILE NO.: 812/95 DATE: 20030221

ONTARIO SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

B E T W E E N:

LOUIS KALLINIKOS Appellant

• and -

JERRY WONG Cross-Appellant

ORAL REASONS FOR JUDGMENT

BENOTTO J.

Date of Reasons for Judgment: February 21, 2003