COURT FILE NO.: 114/08
DATE: 20081126
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
STEVEN MCKINNON
Applicant
(Tenant)
- and -
METCAP LIVING MANAGEMENT INC.
Respondent
(Landlord)
Counsel:
In Person
Rob L. Winterstein, for the Respondent
Mark Michaels, for the Landlord and Tenant Board
HEARD at Toronto: November 26, 2008
JANET WILSON J.: (Orally)
[1] Mr. McKinnon suggests that the Landlord and Tenant Board is required as part of its obligations to file the record with the Divisional Court to produce a transcript of the proceedings before the Board.
[2] Respectfully, Mr. McKinnon is in error.
[3] The Landlord and Tenant Board is required to file a record of the Board proceedings with the Divisional Court once proceedings in this Court are initiated. The obligation to provide a record includes a recording of the proceedings, if the Board hearing was in fact recorded. The Board has complied with its obligations in this case.
[4] I refer to Rule 25.2 of the Landlord and Tenant Board’s Rules of Practice which provides:
If the Board records the hearing, the recording will form part of the record and any party may request a copy of the recording upon payment of the required fee.
[5] The commentary under Rule 25.2 is important and I refer to the following:
In particular cases, a party will wish to have a transcript of the hearing. As the Board will not produce transcripts, the party would have to arrange for their own professional reporter…The Board will not pay for the reporter’s fees or expenses.
[6] I have explained to Mr. McKinnon, that by the terms of the Rules of Practice of the Board, a party relying on the evidence must first request a copy of the recording which is provided for by the Board for the fee of $15.00. If Mr. McKinnon wishes to rely upon the evidence, it is his responsibility at his expense to pay for a transcription of any portion of the recording upon which he wishes to rely in the hearing before this Court.
JANET WILSON J.
Date of Reasons for Judgment: November 26, 2008
Date of Release: November 28, 2008
COURT FILE NO.: 114/08
DATE: 20081126
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
STEVEN MCKINNON
Applicant
(Tenant)
- and -
METCAP LIVING MANAGEMENT INC.
Respondent
(Landlord)
ORAL REASONS FOR JUDGMENT
JANET WILSON J.
Date of Reasons for Judgment: November 26, 2008
Date of Release: November 28, 2008