CITATION: 1474367 Ontario Inc., Vlahakis v. Millien, 2011 ONSC 1563
DIVISIONAL COURT FILE NO.: 243/10
DATE: 20110310
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, WILTON-SIEGEL AND HERMAN JJ.
BETWEEN:
1474367 ONTARIO INC., GEORGE P. VLAHAKIS
Landlord
(Respondent)
– and –
FELIX MILLIEN
Tenant
(Appellant)
John Wenus, for the Landlord (Respondent)
In Person
HEARD at Toronto: March 10, 2011
wilton-siegel j. (ORALLY)
[1] This is an appeal of an order dated March 8, 2010 of Member Jean-Paul Pilon of the Landlord and Tenant Tribunal (the “Tribunal”) and of the review order of Member Egya Sangmuah dated May 4, 2010.
[2] Pursuant to the order of Member Pilon, the tenancy was terminated effective March 19, 2010 and the tenant, Felix Millien, was ordered to pay the landlord $2,547.23. The order addressed collectively two applications of the tenant and three applications by the landlord to terminate the tenancy for different reasons.
[3] Member Pilon determined that the tenancy should be terminated on two grounds, for one of which the evidence had been addressed prior to the final hearing on March 1, 2010 and for the other of which the evidence was addressed at that hearing. The tenant did not attend the final hearing on March 1, 2010. He says that he was not aware that the hearing had been scheduled for that date.
[4] On the review, the tenant made submissions that he had been denied natural justice in that he was not reasonably able to participate in the final hearing on March 1, 2010 because he was not aware that the hearing was scheduled for that date.
[5] Member Sangmuah found, on a balance of probabilities, that the tenant was notified of the hearing even discounting the evidence of the property manager that he had provided the tenant with disclosure for the March 1, 2010 hearing. The Member also held that an earlier police raid, in which the tenant’s computer and personal papers were seized, was not a sufficient justification for not attending the hearing because he could have confirmed the hearing date with the Tribunal. The Member dismissed the request to review the order of Member Pilon and confirmed that order.
[6] Under s.210(1) of the Residential Tenancies Act, an appeal of an order of the Tribunal may be made to this Court but only on a question of law. The tenant has failed to raise a question of law pertaining to either the order of Member Pilon or the review order of Member Sangmuah.
[7] The issue raised by the applicant is more properly characterized as an issue of judicial review based on a denial of natural justice in the conduct of the hearing on March 1, 2010 in his absence. This issue turns on whether or not the tenant did in fact receive notice of the hearing. As mentioned, Member Sangmuah heard evidence on this issue from the tenant and the landlord and found, as a matter of fact, that the tenant did receive notice.
[8] We see no basis for doubting the correctness of this finding. Indeed, the fact that the tenant attempted to contact the Tribunal to ascertain the next hearing date in the proceeding suggests that he understood that a hearing date was imminent.
[9] On this basis, we conclude that there was no denial of natural justice in the present circumstances. As Member Sangmuah observed, having notice that a date had been scheduled, the tenant could readily have confirmed the hearing date with the Board.
[10] Accordingly, the tenant’s appeal is dismissed.
FERRIER J.
[11] I have endorsed the Record as follows: “The application is dismissed for oral reasons delivered this day. Costs are fixed at $1,000. Approval of draft order by the tenant is dispensed with.”
WILTON-SIEGEL J.
FERRIER J.
HERMAN J.
Date of Reasons for Judgment: March 10, 2011
Date of Release: April 7, 2011
CITATION: 1474367 Ontario Inc., Vlahakis v. Millien, 2011 ONSC 1563
DIVISIONAL COURT FILE NO.: 243/10
DATE: 20110310
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, WILTON-SIEGEL AND HERMAN JJ.
BETWEEN:
1474367 ONTARIO INC., GEORGE P. VLAHAKIS
Landlord
(Respondent)
– and –
FELIX MILLIEN
Tenant
(Appellant)
ORAL REASONS FOR JUDGMENT
WILTON-SIEGEL J.
Date of Reasons for Judgment: March 10, 2011
Date of Release: April 7, 2011