ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND NORDHEIMER JJ.
B E T W E E N:
GILATHA ALEXANDER
Tenant/Respondent
- and -
METCAP LIVING MANAGEMENT INC.
Landlord/Appellant
Louis Robinson, for the Tenant/Respondent
Wojtek Jaskiewicz, for the Landlord/ Appellant
HEARD at Toronto: August 19, 2008
CARNWATH J.: (Orally)
1The appeal is dismissed. We find no errors in law.
2We reject the submission that damages should be nominal. The tenant was entitled to be compensated for the loss of her goods as established by the trier of fact.
3Each counsel disagreed with the addition of the damages. They did not file their calculations. We have no alternative but to accept the trier of facts’ conclusion.
4We reject the submission that there should be a fifty percent reduction for depreciation. It was open to the trier of fact to award replacement values as she did in paragraph 1 of her order where she is reported as follows:
“The Landlord shall pay to the Tenant $7,648.80. This amount represents the reasonable costs that the Tenant will incur in replacing property used mainly on an everyday basis, that was removed/trashed by the Landlord or the Landlord’s agent.”
COSTS
5The Endorsement on the Appeal Book and Compendium reads as follows: “The appeal is dismissed for reasons given orally in Court by Carnwath J. Costs to the Respondent fixed at $5,000.00 inclusive of fees, disbursements and GST, partial indemnity payable 30 days.”
CARNWATH J.
SWINTON J.
NORDHEIMER J.
Date of Reasons for Judgment: August 19, 2008
Date of Release: August 21, 2008
COURT FILE NO.: 366/07
DATE: 20080819
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND NORDHEIMER JJ.
B E T W E E N:
GILATHA ALEXANDER
Tenant/Respondent
- and -
METCAP LIVING MANAGEMENT INC.
Landlord/Appellant
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: August 19, 2008
Date of Release: August 21, 2008