COURT FILE NO.: 511/07
DATE: 20090924
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND CORBETT JJ.
B E T W E E N:
CIBC MORTGAGES INC. c/o VERANOVA PROPERTIES LTD.
Landlord
(Respondent in Appeal)
- and -
FARDIN MANSOORIAN
Tenant
(Appellant in Appeal)
Ron Aisenberg, for the Landlord (Respondent in Appeal)
In Person
HEARD at Toronto: September 24, 2009
jennings J.: (Orally)
[1] Some time ago this matter was fixed for hearing this morning. The Order under appeal, was made about two years ago. Mr. Mansoorian has filed a factum in which he indicates he is acting in person. He has filed an Appeal Book and Compendium in which he indicates he is acting in person and he has filed an Exhibit Book in which he indicates he is acting in person.
[2] This morning for the first time, having made no communication to counsel for the CIBC or to the Court, he suggested that a Mr. Metson was his counsel and would be unable to be present this morning. We are now satisfied that that submission is incorrect and that Mr. Metson, although having at some time in the past made a submission to Mr. Aisenberg on behalf of Mr. Mansoorian, has never been retained to appear in this matter and has not been retained to appear in this matter, which Mr. Mansoorian has subsequently confirmed to be so.
[3] In essence, his submission this morning is that he would like to go and retain counsel to appear for him on this matter. He has so far apparently taken no steps to do that.
[4] In the meantime, the property that is the subject of the Order under review has been sold but the closing of the sale cannot take place until vacant possession, pursuant to the Order of the Board has been given. The prejudice to the respondent in the continued delay of the so far, very much delayed review proceeding, in our opinion, far outweighs the request that Mr. Mansoorian makes so late in the day for a further delay to retain counsel. In our opinion, Mr. Mansoorian seeks simply to delay the hearing of this matter and it is our opinion that the matter should proceed this morning.
[5] The request for an adjournment is denied.
CORBETT J.
[6] The reasons of Board Member Elke Homsi are a model of clarity. They provide a detailed and reasoned basis for the Board’s conclusion that the two so-called leases were fraudulent. This conclusion is reasonable and supported by the evidence.
[7] The appellant raises two other grounds in argument in his factum. The first was that no transcript was available. That issue is moot now since the transcript has been provided. The second concerns evidence that the tenant and landlord were communicating by hand signals during the hearing. The Board Member was present and was in the best position to determine whether further evidence was required on this point.
[8] Given the reasons for the Board’s decision, any hand gestures were obviously immaterial to the decision and there was no failure of natural justice in not hearing further evidence on the point.
[9] The central decision of the Board turned on findings of credibility made against Mr. Mansoorian and his witness. We do not have jurisdiction to review that finding which is amply supported by the record. The application for review is dismissed.
JENNINGS J.
[10] I endorse the Appeal Book and Compendium, “This appeal is dismissed for oral reasons of the Court given today. Costs of the motion before Swinton J. and of today fixed at $5,000.00, inclusive, payable forthwith.”
JENNINGS J.
JANET WILSON J.
CORBETT J.
Date of Reasons for Judgment: September 24, 2009
Date of Release: October 9, 2009
COURT FILE NO.: 511/07
DATE: 20090924
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND CORBETT JJ.
B E T W E E N:
CIBC MORTGAGES INC. c/o VERANOVA PROPERTIES LTD.
Landlord
(Respondent in Appeal)
- and -
FARDIN MANSOORIAN
Tenant
(Appellant in Appeal)
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: September 24, 2009
Date of Release: October 9, 2009