CITATION: Elguindy v. Destaron Property Management, 2016 ONSC 6313
DIVISIONAL COURT FILE NO.: DC-16-744
BOARD FILE: SOT-66425-16
SJTO File: A16-114
DATE: 20161014
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DAMBROT, SACHS and SHEARD JJ.
B E T W E E N :
EMAD ELGUINDY
Appellant
– and –
DESTARON PROPERTY MANAGEMENT AND THE LANDLORD TENANT BOARD
Respondents
Emad Elguindy, Appellant in Person
E. Fellman and M. Leighton, Counsel for the Respondent Landlord Tenant Board
HEARD: at Hamilton October 6, 2016
REASONS FOR JUDGMENT
M. DAMBROT J.:
[1] Irene Elguindy and Amad Elguindy applied to the Landlord and Tenant Board for an order determining that Destaron Property Management or its agents harassed, obstructed, coerced, threatened, or interfered with them and substantially interfered with their reasonable enjoyment of the rental unit or residential complex. The member who heard the matter found that the appellants were not tenants. He went on to say that, if he was wrong, they were not harassed and dismissed the application. The appellants appealed to this court, and argued before us that the member erred in law in concluding that they were not tenants. However they raised no argument that the member erred in law in concluding that they were not harassed.
[2] As a result, even if the member erred in respect of the issue of tenancy, there was no error of law in the dismissal of the application.
[3] Accordingly, this appeal is dismissed.
M. DAMBROT J.:
[4] Appeal dismissed for oral reasons delivered in court today.
[5] No costs.
DAMBROT J.
SACHS J.
SHEARD J.
RELEASED: October 14, 2016
CITATION: Elguindy v. Destaron Property Management, 2016 ONSC 6313
DIVISIONAL COURT FILE NO.: DC-16-744
BOARD FILE: SOT-66425-16
SJTO File: A16-114
DATE: 20161014
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DAMBROT, SACHS and SHEARD JJ.
B E T W E E N :
EMAD ELGUINDY
Appellant
– and –
DESTARON PROPERTY MANAGEMENT AND THE LANDLORD TENANT BOARD
Respondents
REASONS FOR JUDGMENT
M. DAMBROT J.
RELEASED: October 14, 2016