Bobb v. Wang, 2018 ONSC 3333
CITATION: Bobb v. Wang, 2018 ONSC 3333
DIVISIONAL COURT FILE NO.: 713/17
LTB NO.: TSL-85763-17-RV DATE: 20180528
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MARROCCO A.C.J.S.C., HARVISON YOUNG, and MEW JJ.
BETWEEN:
SONYA BOBB
Sonya Bobb, acting in person
Appellant (Tenant)
– and –
LI-SAN WANG
Doug Levitt, for the Respondent
Respondent (Landlord)
HEARD at Toronto: May 28, 2018
ORAL REASONS FOR JUDGMENT
HARVISON YOUNG J. (Orally)
[1] It is common ground that the appellant has paid no rent since April 2017. According to the lease, the rent was to be $1,100 per month.
[2] Before us, the appellant submitted that she has not paid rent because the landlord/respondent is negligent, has neglected fire and safety issues such as carbon monoxide, and refuses to allow access to premises by pest control authorities.
[3] We note that she did initiate a complaint against the landlord which she withdrew without prejudice on March 9, 2018.
[4] The hearing with respect to rent was held on August 2, 2017 and an eviction order was issued on August 4, 2017. A reconsideration was heard on September 20, 2017 and refused on November 9, 2017 and the stay that was imposed on the August 4, 2017 order was lifted on November 9, 2017.
[5] The November 9, 2017 order was stayed when the appellant appealed to this court on December 4, 2017. We note that there was no application to this court that rent be continued pending the appeal.
[6] The appellant’s request for an adjournment to file fresh evidence is refused. While she advised the court that wished to have an adjournment, she made her submission on the merits as set out in her factum. These submissions do not disclose any error of law. In addition, to the extent that the appellant raised procedural fairness issues with respect to the initial hearing, the record discloses that she was fully heard at the review hearing on September 20, 2017.
[7] For these reasons, the appeal is dismissed.
MARROCCO A.C.J.S.C.
[8] I have endorsed the Appeal Book and Compendium of Appellant as follows: “Appeal dismissed. Order to go dispensing with the need for the appellant to approve the order as to form and content. Costs to the respondent payable forthwith in the amount of $3,500 all in.”
___________________________ HARVISON YOUNG J.
I agree
MARROCCO A.C.J.S.C.
I agree
MEW J.
Date of Reasons for Judgment: May 28, 2018
Date of Release: May 30, 2018
CITATION: Bobb v. Wang, 2018 ONSC 3333
DIVISIONAL COURT FILE NO.: 713/17
LTB NO.: TSL-85763-17-RV DATE: 20180528
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., HARVISON YOUNG, and MEW JJ.
BETWEEN:
SONYA BOBB
Appellant (Tenant)
– and –
LI-SAN WANG
Respondent (Landlord)
ORAL REASONS FOR JUDGMENT
HARVISON YOUNG J.
Date of Reasons for Judgment: May 28, 2018
Date of Release: May 30, 2018