Court File and Parties
CITATION: Onyskiw v. CJM Property Management Ltd., 2015 ONSC 606
COURT FILE NO.: 14-1995
DATE: 2015/01/26
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: TAMMY ONYSKIW, SHERRIE GIROUX et al. Tenants (Appellants)
AND
CJM PROPERTY MANAGEMENT LTD., Landlord (Respondent)
BEFORE: Aitken, Lederer and Ramsay J.J.
COUNSEL: William A. Florence, for the Tenants (Appellants)
S. David Lyman, for the Landlord (Respondent)
Brian A. Blumenthal, for the Landlord and Tenant Board
HEARD: January 26, 2015
Endorsement
BY THE COURT:
[1] This is an appeal under s.210 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 which confers an appeal as of right on a question of law.
[2] The standard of review is reasonableness: First Ontario Realty Corporation v. Deng, 2011 ONCA 54, [2011] O.J. No. 260 (CA). The recent decision of the Supreme Court of Canada in Tervita Corp. v. Canada (Commissioner of Competition), 2015 SCC 3 dealt with a right of appeal conferred by a statute with significantly different wording. In our view it does not overrule the First Ontario Realty Corporation case.
[3] Section 20 of the Residential Tenancies Act provides:
- (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
[4] The parties agreed that the landlord acted reasonably in maintaining the elevator until it was replaced.
[5] The board was entitled to construe its home statute in a fashion that enabled it to consider the landlord’s actions, in the circumstances that were presented, in deciding whether the landlord had fulfilled its responsibility under the section in question.
[6] Having found no error of law, we dismiss the appeal.
Aitken J.
Lederer J.
Ramsay J.
Date: January 26, 2015
CITATION: Onyskiw v. CJM Property Management Ltd., 2015 ONSC 606
COURT FILE NO.: 14-1995
DATE: 2015/01/26
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
RE: TAMMY ONYSKIW, SHERRIE GIROUX et al. Tenants (Appellants)
AND
CJM PROPERTY MANAGEMENT LTD., Landlord (Respondent)
BEFORE: Aitken, Lederer and Ramsay, J.J.
COUNSEL: William A. Florence, for the Appellants (Tenants)
S. David Lyman, for the Respondent (Landlord)
Brian A. Blumenthal, for the Landlord and Tenant Board
ENDORSEMENT
Aitken J.
Lederer J.
Ramsay J.
Released: January 26, 2015