Court File and Parties
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)
In Person
In Person
HEARD at Toronto: December 11, 2015
Oral Reasons for Judgment
D. L. CORBETT (ORALLY)
[1] This 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.
[2] The Board found that the tenant had not proved her claim. The tenant sought review of this decision. That review was dismissed by the Board.
[3] The decision below was fact driven. This appeal does not raise an issue of law. Therefore, this appeal is dismissed.
[4] Moreover, 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.
[5] I 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