Court File and Parties
COURT FILE NO.: 99/09 DATE: 20090514
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
JENNINGS, PARDU AND LOW JJ.
B E T W E E N:
CHRISTINA LANE Moving Party (Appellant)
- and -
CORINE MCGILL Responding Party (Respondent in Appeal)
Counsel: In Person Robert S. Whitmore, for the Responding Party
HEARD at Toronto: May 14, 2009
Oral Reasons for Judgment
JENNINGS J.: (Orally)
[1] The appellant, Christina Lane is a tenant living with her two children in a house owned by Corine McGill, the landlord/respondent. Ms. Lane appeals the decision of Ramsay J. dismissing her motion to set aside the Registrar’s order dismissing for failure to perfect, her appeal from and order of the Landlord and Tenant Board made December 22, 2008.
[2] Ms. Lane did not file a factum or a record. She did file the day before the hearing extensive material including affidavits, copies of correspondence to and from various authorities and copies of articles on health related subjects. The respondent filed a record containing sufficient material to enable us to proceed with the hearing.
[3] An appeal from the Board to this Court may only be made on a question of law. In our opinion, the appellant’s Notice of Appeal from the order of the Board raises no question of law. Although Ms. Lane told us on the hearing that she was considerably stressed following the order of the Tribunal, no explanation for the delay in perfecting the appeal was put before Ramsay J. in the material filed by her. Although from the material filed with us by the appellant, it is clear that this matter is of considerable importance to her and has caused her great concern, she has not demonstrated any ground which would permit us to vary or set aside the order of Ramsay J.
[4] In our opinion, he made no error.
[5] The appeal from his order must be dismissed.
COSTS
[6] The respondent asks for costs on a modest basis making no submissions as to quantum. Under the circumstances and in view of the respondent’s generous submission, we fix costs at $500.00 inclusive, payable forthwith.
JENNINGS J.
PARDU J.
LOW J.
Date of Reasons for Judgment: May 14, 2009 Date of Release: May 21, 2009
COURT FILE NO.: 99/09 DATE: 20090514
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
JENNINGS, PARDU AND LOW JJ.
B E T W E E N:
CHRISTINA LANE Moving Party (Appellant)
- and -
CORINE MCGILL Responding Party (Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: May 14, 2009 Date of Release: May 21, 2009