CITATION: Kewallal v. Jackson 2011 ONSC 1557
DIVISIONAL COURT FILE NO.: DC-09-71-0000
DATE: 2011-03-09
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, GRAY, RAMSAY JJ.
BETWEEN:
TARAMATTY KEWALLAL
Appellant
– and –
PATRICIA JACKSON
Respondent
Mr D. Strashin for the appellant
Mr. D. Lees for the respondent
RAMSAY J.
HEARD: 2011-03-09 at Newmarket
[1] The former landlord appeals under s.210 of the Residential Tenancies Act from the decision of the Landlord and Tenant Board ordering her to pay money for having obtained an eviction order in bad faith, and the decision of the Board refusing a review under s.209 of the Act. The appellant claims that she was denied natural justice.
[2] The initial hearing took place in the absence of the appellant. The respondent served the appellant by mail at her last known address, which was the basement apartment of the premises in question.
[3] At the initial hearing and on the review the Board held that this was sufficient notice, as it complied with the provisions of s.191 of the Act.
[4] Before the initial hearing commenced, the Board and the respondent knew that the appellant lived in Florida eight months of the year. On the review, the respondent admitted on the record that once she got judgment she readily found the appellant’s Florida address through the Internet.
[5] Under the particular circumstances of this case, given the Board’s knowledge that the appellant had no actual notice of the hearing, the decision of the Board to proceed and the decision on review constituted a denial of natural justice.
[6] In King-Winton v. Doverhold Investments Ltd., 2008 60708, Cunningham A.C.J., speaking for this court, said:
The fact is, for whatever reason, the tenant thought the date was September 28th. … The reality is the tenant has never had an opportunity to be heard. We are of the view she is entitled to a hearing. … Being reasonably able to participate in the proceeding must be interpreted broadly, natural justice requires no less.
[7] The decisions of the Board are set aside and the matter is remitted to the Board for rehearing of the respondent tenant’s application.
[8] On consent, costs are fixed at $2,000, payable to the appellant forthwith.
J.R. Jennings J.
D.K. Gray J.
J.A. Ramsay J.
Released: 2011-03-10
CITATION: Kewallal v. Jackson 2011 ONSC 1557
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, GRAY, RAMSAY JJ.
BETWEEN:
TARAMATTY KEWALLAL
Appellant
– and –
PATRICIA JACKSON
Respondent
REASONS FOR JUDGMENT
Released: 2011-03-10