Court File and Parties
CITATION: Li v. Hu, 2015 ONSC 7208
DIVISIONAL COURT FILE NO.: 155/13
TNL-37301 and TNL-373-01-RV DATE: 20151117
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, V. J. MACKINNON AND D. L. CORBETT JJ.
BETWEEN:
QIUYUAN LI Respondent (Responding Party)
– and –
CHANGGEN HU Appellant (Moving Party)
COUNSEL:
Elena E. Mazinani, for the Respondent (Responding Party)
Jeremy R. Opolsky, Amicus Curiae
HEARD at Toronto: November 17, 2015
Oral Reasons for Judgment
D. L. CORBETT J. (ORALLY)
[1] Mr. Hu seeks to set aside the decision of Molloy J., quashing his appeal from the Landlord and Tenant Board, dated February 6, 2013. Molloy J. quashed this appeal on the basis that the Board’s order was on consent and that there was no merit to Mr. Hu’s appeal.
[2] Mr. Hu acknowledges that the Board proceeded on the basis of consent. He also acknowledges that he had both a lawyer and an interpreter on the day of the Board’s proceedings.
[3] Before us, he argued that his lawyer forced him to accept the settlement. He likened it to his lawyer ‘putting a gun to his head’. When pressed on this point, he said his lawyer pushed him to accept the settlement and spoke to him in an angry tone of voice.
[4] We agree with Molloy J. that there is no merit to the appeal. As described by Mr. Hu, his counsel provided him with firm legal advice. It did not amount to duress at law. He acknowledges that he went along with his lawyer’s advice but says that he did not want to do so. This is no basis to set aside an order made by the Board on the express consent of the parties.
[5] There was no unfairness before Molloy J. There was plenty of time for Mr. Hu to retain a Mandarin interpreter. He knew of the appeal by May 14 and the hearing was on June 11. Molloy J.’s endorsement reflects that she well understood Mr. Hu’s argument.
[6] The motion is dismissed.
SWINTON J.
[7] I have endorsed the Motion Record, “This motion to vary the order of Molloy J. dated June 11, 2013 is dismissed for oral reasons delivered by D. L. Corbett J.”
D. L. CORBETT J.
SWINTON J.
V. J. MACKINNON J.
Date of Reasons for Judgment: November 17, 2015
Date of Release: November 20, 2015
CITATION: Li v. Hu, 2015 ONSC 7208
DIVISIONAL COURT FILE NO.: 155/13
TNL-37301 and TNL-373-01-RV DATE: 20151117
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, V. J. MACKINNON AND D. L. CORBETT JJ.
BETWEEN:
QIUYUAN LI Respondent (Responding Party)
– and –
CHANGGEN HU Appellant (Moving Party)
ORAL REASONS FOR JUDGMENT
D. L. CORBETT J.
Date of Reasons for Judgment: November 17, 2015
Date of Release: November 20, 2015