ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J., THEN AND SWINTON JJ.
B E T W E E N:
DELILA HENDRICKS
Respondent/Landlord
- and -
OLGA MARTCHENKO
Added Respondent/Landlord
- and –
WILLIAM AMATO
Appellant/Tenant
Linda M. Ippolito, for the Respondent, Delila Hendricks
Jane L. Ferguson, for the Respondent/Landlord, Olga Martchenko
Kerry K. Gearin, for the Tenant, William Amato
HEARD: March 4, 2004
SWINTON J.: (Orally)
1An appeal from a decision of the Ontario Rental Housing Tribunal can only be made on a question of law. See s.196(1) of the Tenant Protection Act, S.O. 1997, c.24.
2The tenant brought a motion pursuant to s.76(6) to set aside the eviction order issued pursuant to s.76(1). The Tribunal determined that the N11 agreement was made voluntarily and without fraud, duress or misrepresentation. The decision was made after a full hearing that addressed all the relevant issues, namely, whether the parties knew what they were signing and whether they signed voluntarily. In our view, there was no error of law.
3Without deciding if s.188 applies to a motion under s.76(6), the reasons show that the Tribunal looked at the substance of the transaction and all of the surrounding circumstances that would be pertinent to a s.188 consideration in the context of the motion before the Tribunal. Therefore, the appeal is dismissed.
CUNNINGHAM A.C.J.
4The appeal book will read as follows: “The appeal is dismissed for reasons given orally this day. In the circumstances of this case it would have been appropriate for the respondents to produce joint documents and indeed to have had one counsel represent the respondents at the appeal. Accordingly, there will be one set of costs which we fix in the sum of $2,000 inclusive of disbursements and GST. No eviction for 30 days.”
CUNNINGHAM A.C. J.
THEN J.
SWINTON J.
Date of Reasons for Judgment: March 4, 2004
Date of Release: March 8, 2004
COURT FILE NO.: 376/02
DATE: 20040304
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J., THEN AND SWINTON JJ.
B E T W E E N:
DELILA HENDRICKS
Respondent/Landlord
- and -
OLGA MARTCHENKO
Added Respondent/Landlord
- and –
WILLIAM AMATO
Appellant/Tenant
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: March 4, 2004
Date of Release: March 8, 2004