CITATION: Xia v. Ma, 2017 ONSC 2302
DIVISIONAL COURT FILE NO.: 339/16
LTB NO.: TNT-76205-15 DATE: 20170412
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
NORDHEIMER, CORBETT and DI TOMASO JJ.
BETWEEN:
HONG XIA
Appellant (Landlord)
– and –
MEILIN MA
Respondent (Tenant)
Hong Xia, acting in person
Meilin Ma, acting in person
HEARD at Toronto: April 12, 2017
NORDHEIMER J. (Orally)
[1] Mr. Xia, the landlord, appeals from an order of the Landlord and Tenant Board that required him to pay to Ms. Ma, the last month’s rent deposit along with out-of-pocket expenses incurred by her, a small rent abatement, and other costs.
[2] The landlord complains that he did not get notice of the hearing before the Board and, thus, was not in attendance when the order was made. The landlord then sought, and was granted, a review of the Board’s order. On that review, the Board rejected the landlord’s contention that he was not given proper notice of the proceeding. The Board found that notice had been given to the landlord, both by mail and by voice mail message, and that, if those notices did not reach the landlord, it was through the fault of the landlord. The Board confirmed the order.
[3] This court only has jurisdiction to entertain appeals from the Board on questions of law. Even assuming, for the moment, that the landlord’s complaint about notice is a question of law going to the Board’s jurisdiction, the standard of review to be applied is still one of reasonableness. The Board is interpreting and applying its home statute, and its decisions, in that regard, are entitled to deference.
[4] There is nothing unreasonable about the Board’s conclusion regarding the issue of notice. As the Board said, on the review:
The landlord cannot rely on having inadequate mail delivery or choosing to not turn on his phone when they are the tenant’s means of contacting him, as a basis for claiming he was unaware of the hearing.
[5] There is no basis for this court to interfere with the conclusion reached by the Board.
[6] The appeal is dismissed.
COSTS
[7] I have endorsed the Appeal Book and Compendium as follows: “This appeal is dismissed for oral reasons. No costs.”
Nordheimer J.
I agree
Corbett J.
I agree
Di Tomaso J.
Date of Reasons for Judgment: April 12, 2017
Date of Release: April 13, 2017
CITATION: Xia v. Ma, 2017 ONSC 2302
DIVISIONAL COURT FILE NO.: 339/16
LTB NO.: TNT-76205-15 DATE: 20170412
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
NORDHEIMER, CORBETT and DI TOMASO JJ
BETWEEN:
HONG XIA
Appellant (Landlord)
– and –
MEILIN MA
Respondent (Tenant)
ORAL REASONS FOR JUDGMENT
NORDHEIMER J.
Date of Reasons for Judgment: April 12, 2017
Date of Release: April 13, 2017