Citation and Court Information
CITATION: Shiller v. Shapiro, 2010 ONSC 1673
DIVISIONAL COURT FILE NO.: 52/10
DATE: 20100317
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ZOYA SHILLER
Appellant
– and –
GRIGORI SHAPIRO
Respondent
No One Appearing
Daniel Shapiro, for the Respondent
HEARD at Toronto: March 17, 2010
Oral Reasons for Judgment
LEDERMAN J. (ORALLY)
[1] The landlord seeks an order quashing the tenant’s appeal from the decision of the Landlord and Tenant Board dated January 5, 2010 and from the Review Request Order of the Board dated January 22, 2010. No one appeared on behalf of the tenant on this motion.
[2] Leave was granted to Daniel Shapiro, the landlord’s son, to represent the landlord.
[3] The landlord applied for an order terminating the tenancy and for the eviction of the tenant because she failed to pay rent and because the landlord required possession of the rental unit for the purpose of his own residential occupation. The tenant did not appear on the original hearing before the Landlord and Tenant Board. The Board found there to be arrears of rent at that time of $6,600.00 up to January 31, 2010, and that the landlord in good faith required possession of the rental unit for his own residence. The Board ordered the termination of the tenancy and that the tenant must move out before January 26, 2010.
[4] On a request to review that decision, the tenant, who was represented by a paralegal at that time alleged that she was denied a reasonable opportunity to take part in the original hearing before the Board. On that request for review, the Board held that the tenant was given ample notice of the proceedings which gave her sufficient time to plan her attendance either in person or through a representative or to seek an adjournment because of her medical condition. The tenant claimed that she had hired a paralegal to represent her at the original hearing and to seek an adjournment because of her medical circumstances but did not know why that paralegal failed to appear to seek the adjournment. The Board found however, that the tenant only hired the paralegal one day after the hearing took place.
[5] On those facts, the Board found there was no denial of procedural justice and denied the request to review.
[6] As of March 1, 2010, the unpaid rent is approximately $12,782.00. The landlord has sold his previous residence and has relocated several times and has incurred expenses in doing so.
[7] An appeal to this Court lies only on a question of law. The Board found on the request to review that the tenant was not credible and that she was not denied natural justice. Those are findings of fact and not questions of law alone. Moreover, although the tenant filed a Notice of Appeal on January 28, 2010, no steps have been taken to perfect the appeal.
[8] An order will go quashing the appeal. The landlord will have his costs amounting to $3,686.40. Those are the costs relating to the fact that he was not able to move into the residential unit. Those costs are payable by the tenant in addition to the costs as specified by the Board in its decision of January 5, 2010.
[9] Approval as to form and content of the order is dispensed with.
LEDERMAN J.
Date of Reasons for Judgment: March 17, 2010
Date of Release: March 24, 2010
CITATION: Shiller v. Shapiro, 2010 ONSC 1673
DIVISIONAL COURT FILE NO.: 52/10
DATE: 20100317
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ZOYA SHILLER
Appellant
– and –
GRIGORI SHAPIRO
Respondent
ORAL REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: March 17, 2010
Date of Release: March 24, 2010