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
Louis Robinson, for the Tenant/Respondent
Wojtek Jaskiewicz, for the Landlord/ Appellant
HEARD at Toronto: August 19, 2008
CARNWATH J.: (Orally)
[1] The appeal is dismissed. We find no errors in law.
[2] We 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.
[3] Each 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.
[4] We 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
[5] The 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