Court File and Parties
DIVISIONAL COURT FILE NO.: 323/15
TST-62383-15
DATE: 20151211
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
GORDON R.S.J., SANDERSON AND D. L. CORBETT JJ.
BETWEEN:
KATHERINE LIN
Appellant
(Tenant)
– and –
SONG LIN ZHANG and JING ZHANG
Respondents
(Landlords)
In Person
In Person
HEARD at Toronto: December 11, 2015
Oral Reasons for Judgment
D. L. CORBETT (ORALLY)
1This is an appeal from the Landlord and Tenant Board from its Decision dismissing the tenant’s application for damages of $200,000 for substantial interference with her quiet enjoyment and harassment of her.
2The Board found that the tenant had not proved her claim. The tenant sought review of this decision. That review was dismissed by the Board.
3The decision below was fact driven. This appeal does not raise an issue of law. Therefore, this appeal is dismissed.
4Moreover, we tend to agree with the landlord that Ms. Lin appears to have engaged in a pattern of vexatious litigation. However, this Court does not have jurisdiction to conduct a vexatious litigant hearing. Such a hearing is brought under s.140 of the Courts of Justice Act before a single judge of the Superior Court of Justice. Therefore, the landlord’s request for a vexatious litigant’s order is dismissed without prejudice to such an application.
COSTS
GORDON R.S.J.
5I have endorsed the Appeal Book, “This appeal is dismissed for reasons given orally this day by D. L. Corbett J. Costs to the respondent set at $1,500, all inclusive.”
D. L. CORBETT J.
GORDON R.S.J.
SANDERSON J.
Date of Reasons for Judgment: December 11, 2015
Date of Release: January 14, 2016
CITATION: Lin v. Zhang, 2015 ONSC 7844
DIVISIONAL COURT FILE NO.: 323/15
TST-62383-15
DATE: 20151211
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GORDON R.S.J., SANDERSON AND D. L. CORBETT JJ.
BETWEEN:
KATHERINE LIN
Appellant
(Tenant)
– and –
SONG LIN ZHANG and JING ZHANG
Respondents
(Landlords)
ORAL REASONS FOR JUDGMENT
D. L. CORBETT J.
Date of Reasons for Judgment: December 11, 2015
Date of Release: January 14, 2016