Court File and Parties
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, GROUND AND PITT JJ.
B E T W E E N:
NATHAN ROSEN Tenant/Appellant
- and -
NAFTALI SADIKOV Landlord/Respondent
Counsel: Bernard W. Papernick, for the Tenant/ Appellant Ben V. Hanuka, for the Landlord/ Respondent
HEARD: October 8, 2004
Oral Reasons for Judgment
FERRIER J.: (Orally)
1The question of bad faith is one of fact, not law. An appeal lies only on a question of law.
2The appellant argues that pertinent evidence was ignored in reference to the issue of bad faith and that that is a question of law.
3On the evidence as a whole, it was open for the Tribunal to make a finding that there was no bad faith, even though the Reasons of the Member are scant. However, there is no reason why the tenant should not have received his $900.00 back paid as rent for April. An order will go for payment of that sum to the tenant. Otherwise, the appeal is dismissed.
4No order as to costs.
FERRIER J.
GROUND J.
PITT J.
Date of Reasons for Judgment: October 8, 2004
Date of Release: October 19, 2004
COURT FILE NO.: 723/03
DATE: 20041008
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, GROUND AND PITT JJ.
B E T W E E N:
NATHAN ROSEN Tenant/Appellant
- and -
NAFTALI SADIKOV Landlord/Respondent
ORAL REASONS FOR JUDGMENT
FERRIER J.
Date of Reasons for Judgment: October 8, 2004
Date of Release: October 19, 2004