CITATION: Morguard Residential v. Asboth, 2017 ONSC 2502

DIVISIONAL COURT FILE NOS.: 219/16, 220/16, 236/16, 237/16 and 238/16

LANDLORD AND TENANT BOARD FILE NOS.: TSL-50662, TSL-50665, TSL-51643, TSL-50661 and TSL-50666

DATE: 20170424

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

DAMBROT, RADY and THORBURN JJ.

BETWEEN:

Div. Ct. File No. 219/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent in Appeal)

– and –

SUSANNE ASBOTH Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File No. 220/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

BRUCE ANELEVITZ Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 236/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

DAVID MANDEL Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 237/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

FRANCES McGEACHY Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 238/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

JOAN DARLING Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

Robert Doumani and Vedran Simkic, for the respondent

Karen Andrews, for the appellant Susanne Asboth

Margaret Leighton and Eli Fellman, for the intervener the Landlord and Tenant Board

Allyson Fox and Allan Rouben, for the appellants Bruce Anelevitz, David Mandel, Frances McGeachy and Joan Darling

HEARD: November 10, 2016

THE COURT:

[1] On February 2, 2017, we released our judgment dismissing the appeals brought by the five appellants under the Residential Tenancies Act, 2006, S.O. 2006, c. 17 from orders of the Landlord and Tenant Board terminating their tenancies and ordering them evicted, and invited counsel to make written submissions regarding costs. We have received and reviewed those submissions. Counsel for the respondent seeks costs in the amount of $6,257.85 from each of the appellants on a partial indemnity basis. Taking into account the expectations of the appellants on the one hand, reflected by the cost outline provided by counsel for four of the appellants provided to us at the conclusion of argument seeking $22,706.52 on a partial indemnity basis, and the significant overlap of work on each of the appeals on the other hand, we consider the amount of $3,500 against each of the tenants individually, all inclusive to be reasonable, and so order.

DAMBROT J.

RADY J.

THORBURN J.

RELEASED: April 24, 2017

CITATION: Morguard Residential v. Asboth, [2017 ONSC 387](https://www.canlii.org/en/on/onscdc/doc/2017/2017onsc387/2017onsc387.html)

DIVISIONAL COURT FILE NOS.: 219/16, 220/16, 236/16, 237/16 and 238/16

LANDLORD AND TENANT BOARD FILE NOS.: TSL-50662, TSL-50665, TSL-51643, TSL-50661 and TSL-50666

DATE: 20170424

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

DAMBROT, RADY and THORBURN JJ.

BETWEEN:

Div. Ct. File No. 219/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

SUSANNE ASBOTH Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File No. 220/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

BRUCE ANELEVITZ Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 236/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

DAVID MANDEL Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 237/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

FRANCES McGEACHY Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

AND BETWEEN:

Div. Ct. File no. 238/16

MORGUARD RESIDENTIAL Applicant Landlord (Respondent)

– and –

JOAN DARLING Respondent Tenant (Appellant)

– and –

LANDLORD AND TENANT BOARD Intervener

REASONS FOR JUDGMENT

M. DAMBROT J.

RELEASED: April 24, 2017