DIVISIONAL COURT FILE NO.: 483/09
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, WILTON-SIEGEL AND HERMAN JJ.
BETWEEN:
SAMANTHA BUJTOR
Tenant
(Appellant)
– and –
DONATO BRATTY INVESTMENT LTD.
Landlord
(Respondent in Appeal)
Samantha Bujtor and Tibor Bujtor, In person
David Strashin, for the Landlord (Respondent in Appeal)
HEARD at Toronto: February 18, 2011
SWINTON J. (orally)
[1]
Reasons for Judgment
The appellant’s position is that she became an unauthorized occupant of the rental unit several years ago and by virtue of the landlord’s failure to take any action to evict her, she is deemed to be a tenant pursuant to s.104 of the Residential Tenancies Act, 2006, S.O. 2006, c.17.
2The appeal is dismissed for the following reasons. First, the appeal is moot. The appellant was evicted from the rental unit in June 2008, and a declaration of her status will have no practical legal effect.
3Second, in any event, the Landlord and Tenant Board did not err in finding that the appellant was not a tenant. The Board, in the initial decision of Member McMaster and in the review decision, properly applied ss. 100 and 104 of the Act and found the appellant to be a mere occupant of the premises with the permission of the tenant, Emilia Szekeres, as opposed to a tenant herself. There is no evidence of an assignment or subletting by the tenant. Accordingly, at no time prior to the termination of the tenancy of Emilia Szekeres was the appellant an “unauthorized occupant” for purposes of s.104 of the Act.
COSTS
[4]
Costs
I have endorsed the Appeal Book and Compendium, “This appeal is dismissed for oral reasons. Costs to the respondent are fixed at $3,000 inclusive of HST and disbursements.”
SWINTON J.
WILTON-SIEGEL J.
HERMAN J.
Date of Reasons for Judgment: February 18, 2011
Date of Release: February 28, 2011
CITATION: Bujtor v. Donato Bratty Investment Ltd., 2011 ONSC 1161
DIVISIONAL COURT FILE NO.: 483/09
DATE: 20110218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, WILTON-SIEGEL AND HERMAN JJ.
BETWEEN:
SAMANTHA BUJTOR
Tenant
(Appellant)
– and –
DONATO BRATTY INVESTMENT LTD.
Landlord
(Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: February 18, 2011
Date of Release: February 28, 2011