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)
1The tenant rents an apartment in a 400 unit apartment building.
2Tenants and members of the public are able to rent, for a fee, parking spaces below the building.
3The 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.
4In 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.
5The tenant’s card would not permit her entry to the garage. The landlord offered to rent her a parking space. She refused the offer.
6The tenant applied to the Landlord and Tenant Board claiming a substantial interference with her reasonable enjoyment of her rental unit.
7The Board found that the tenant failed to prove on the balance of probabilities that any interference was substantial in nature.
8This Court has jurisdiction to hear an appeal from the Board only on a question of law.
9In our opinion, whether there was a substantial interference is at best a question of mixed fact and law, and we have no jurisdiction.
10If 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
11I 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