COURT FILE NO.: 588/09
DATE: 20091217
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
IWONA POWOWICZKI, SAM RAFIE et al. Tenants (Appellants in Appeal)
- and -
PETRA JURASIC Landlord (Respondent in Appeal)
Counsel: Michael Patrick Fairney, for the Tenants (Appellants in Appeal) E. Tonello, for the Landlord (Respondent)
HEARD at Toronto: December 17, 2009
ORAL REASONS FOR JUDGMENT
DAMBROT J.: (Orally)
[1] The appellant/tenant in this matter appeals to the Divisional Court from the Order of Eviction under s.69 of the Residential Tenancies Act by the Landlord and Tenant Board dated November 16, 2009 regarding a rental unit known as 3391 Bloor Street West, Unit 617 in Toronto.
[2] The landlord brings this motion to set aside the notice of appeal. In essence, the basis for the motion is the appeal filed by the tenants/appellants does not raise an issue of law as required by the Tenant Protection Act.
[3] The sole ground of appeal found in the notice of appeal is as follows: The Landlord and Tenant Board acted outside of its jurisdiction. On the motion, counsel for the tenants/appellants explained the ground of appeal in essence as being that although the tenants did not pay the rent that they were required to pay to reside in the premises in question, they made efforts to pay by tendering cheques which were not honoured by the bank and that the trial judge erred in failing to take into account the evidence that they made these efforts to pay.
[4] In my view, this ground of appeal does not raise a question of law and has no arguable merit. There is no basis for this appeal to continue.
[5] Accordingly, the motion is granted and the appeal is quashed.
[6] The order will go in the terms recommended by the landlord and the costs will be fixed at $1,000.00 as requested.
DAMBROT J.
Date of Reasons for Judgment: December 17, 2009
Date of Release: December 22, 2009
COURT FILE NO.: 588/09
DATE: 20091217
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
IWONA POWOWICZKI, SAM RAFIE et al. Tenants (Appellants in Appeal)
- and -
PETRA JURASIC Landlord (Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
DAMBROT J.
Date of Reasons for Judgment: December 17, 2009
Date of Release: December 22, 2009