COURT FILE NO.: 316/07
DATE: 20081030
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JANET WILSON AND KRUZICK JJ.
B E T W E E N:
KERRY BEBONING
Tenant/Respondent
(Appellant in Appeal)
- and -
WIGWAMEN INC.
Landlord/Applicant
(Respondent in Appeal)
Sheila Cuthbertson, for the Appellant in Appeal
Jane L. Ferguson, for the Respondent in Appeal
HEARD at Toronto: October 30, 2008
CARNWATH J.: (Orally)
[1] An order shall go curing any alleged deficiency in the compliance with the time limits to seek review. The appeal is dismissed.
[2] The request for the adjournment of the second hearing, which was held ostensibly to consider the alleged failure of the tenant to observe a condition imposed at the first hearing, was denied. We find no error in refusing the adjournment. There was sufficient evidence for the member to conclude that a dangerous condition was continuing. Moreover the tenant, with the advice of his advisor, signed a consent order to vacate by June 30.
[3] The appellant submits that the appeal should be granted because of the imposition of a condition that the tenant complete an alcohol withdrawal program. The landlord and tenant board imposed this condition and the appellant submits it had no jurisdiction to do so.
[4] We reject the appellant’s position on this matter for two reasons. First, the program terminated May 18, 2007, the need to consider the condition is moot. Second, s.204 of the Residential Tenancy Act permits the board to impose such conditions it deems fair in the circumstances.
[5] Since the tenant was permitted to stay in the unit we find the condition fair in the circumstances.
COSTS
[6] I endorse the Record: “The appeal is dismissed for oral reasons given in Court by Carnwath J. In the exercise of our discretion, we all agree there should be no order as to costs. Any stay of the Board’s order for termination and eviction is lifted, and the Board’s order may be enforced, not before January 2, 2009.”
CARNWATH J.
JANET WILSON J.
KRUZICK J.
Date of Reasons for Judgment: October 30, 2008
Date of Release: November 25, 2008
COURT FILE NO.: 316/07
DATE: 20081030
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JANET WILSON AND KRUZICK JJ.
B E T W E E N:
KERRY BEBONING
Tenant/Respondent
(Appellant in Appeal)
- and -
WIGWAMEN INC.
Landlord/Applicant
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: October 30, 2008
Date of Release: November 25, 2008