COURT FILE NO.: 498/07
DATE: 20080605
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, KITELEY AND LOW JJ.
B E T W E E N:
COLLEEN ZOUHAR
Applicant
(Appellant in Appeal)
- and -
SALFORD INVESTMENTS LTD.
Respondent
(Respondent in Appeal)
John J. S. Park, for the Appellant
Susan Rai, for the Respondent
HEARD at Toronto: June 5, 2008
JENNINGS J.: (Orally)
[1] The tenant rents an apartment in a 400 unit apartment building.
[2] Tenants and members of the public are able to rent, for a fee, parking spaces below the building.
[3] The tenant did not rent a parking space, but for many years parked her motorcycle in a space rented by a friend and fellow tenant. A supervisor employed by the previous landlord acquiesced in that arrangement.
[4] In the spring of 2007, the present landlord issued pass cards, as a security measure to permit entry into the building. The cards were programmed to permit entry to the garage for those who rented parking spaces.
[5] The tenant’s card would not permit her entry to the garage. The landlord offered to rent her a parking space. She refused the offer.
[6] The tenant applied to the Landlord and Tenant Board claiming a substantial interference with her reasonable enjoyment of her rental unit.
[7] The Board found that the tenant failed to prove on the balance of probabilities that any interference was substantial in nature.
[8] This Court has jurisdiction to hear an appeal from the Board only on a question of law.
[9] In our opinion, whether there was a substantial interference is at best a question of mixed fact and law, and we have no jurisdiction.
[10] If we are wrong, and a question of law is raised, in our opinion the Board was correct in its conclusion. The appeal is dismissed.
COSTS
[11] I endorse the Appeal Book and Compendium: “This appeal is dismissed for oral reasons delivered today. On agreement of counsel, costs to the respondent fixed at $1,500.”
JENNINGS J.
KITELEY J.
LOW J.
Date of Reasons for Judgment: June 5, 2008
Date of Release: June 6, 2008
COURT FILE NO.: 498/07
DATE: 20080605
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, KITELEY AND LOW JJ.
B E T W E E N:
COLLEEN ZOUHAR
Applicant
(Appellant in Appeal)
- and -
SALFORD INVESTMENTS LTD.
Respondent
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: June 5, 2008
Date of Release: June 6, 2008