Court File and Parties
COURT FILE NO.: 48/04
DATE: 20051003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, EPSTEIN AND LAX, JJ.
B E T W E E N:
LINA MILONE Landlord (Appellant)
- and -
RICHARD JOLIFFE and GRACE MATTIACE Tenants (Respondents)
Gary E. Shortliffe, for the Landlord (Appellant)
No One Appearing
HEARD: October 3, 2005
Oral Reasons for Judgment
EPSTEIN J.: (Orally)
[1] The landlord appeals from the order of the O.R.H.T., dated November 21, 2003 in which the hearings officer granted the tenants an abatement of rent of $2,000.00, and from the decision of the O.R.H.T., dated January 6, 2004, dismissing the landlord’s application for review of the earlier order.
[2] No one appeared in this Court on behalf of the tenants. While the Notice of Hearing was returned to the Divisional Court, the Notice of Appeal was properly served. The tenants, once made aware of this appeal, failed to take steps to remain in contact with this Court or the landlord. In these circumstances, we have determined to proceed.
[3] While the landlord raises a number of issues challenging each of the two orders, we are of the view that the appeal should be allowed and the orders of the Tribunal quashed.
[4] The record discloses that the tenants sought an abatement of rent on the basis that the landlord improperly cashed the rent cheque for October, 2003.
[5] The hearings officer recognized and informed the tenants that this was not a proper ground on which an abatement could be granted. She then, on her own accord, fashioned a basis which, in her view, could support an abatement. This formed the basis of her order. The landlord had no notice of this new ground. This, in our view, constitutes a denial of natural justice.
THEN J.
[6] I have endorsed the appeal book: “The appeal is allowed and the orders of the Tribunal are quashed for reasons delivered orally by Epstein J. In our view, in the circumstances of this case it is fair and reasonable to award costs to the appellant on a partial indemnity basis in the amount of $2,000.00, all inclusive.”
THEN J.
EPSTEIN J.
LAX J.
Date of Reasons for Judgment: October 3, 2005
Date of Release: October 7, 2005
COURT FILE NO.: 48/04
DATE: 20051003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, EPSTEIN AND LAX, JJ.
B E T W E E N:
LINA MILONE Landlord (Appellant)
- and -
RICHARD JOLIFFE and GRACE MATTIACE Tenants (Respondents)
ORAL REASONS FOR JUDGMENT
EPSTEIN J.
Date of Reasons for Judgment: October 3, 2005
Date of Release: October 7, 2005