CITATION: Scotiabank v. McGee, 2018 ONSC 3465
DIVISIONAL COURT FILE NO.: 20/18
LTB. NO.: TSL-85882-17 DATE: 20180604
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MORAWETZ, R.S.J., GORDON R.S.J. and THORBURN JJ.
BETWEEN:
SCOTIABANK
David Kelman and Jed Blackburn, for the Respondent (Landlord)
Respondent in Appeal (Landlord)
– and –
BARBARA MCGEE
David McGee, acting in person on behalf of Barbara McGee
Appellant (Tenant)
HEARD at Toronto: June 4, 2018
MORAWETZ R.S.J. (Orally)
[1] This matter has been scheduled for a considerable period of time and Mr. McGee, appearing on behalf of his mother, Ms. Barbara McGee has requested an adjournment so additional time can be provided to him to perfect the appeal on behalf of his mother.
[2] Transcripts have been ordered and Mr. McGee has indicated that if the adjournment is granted, he will be in a position to perfect the appeal no later than June 25, 2018.
[3] The matter will be adjourned to the sittings of Divisional Court in the summer time. It will be scheduled for Monday, July 16, 2018 and thirty minutes is to be allocated for the appeal.
[4] There are some additional conditions that should be imposed and will be imposed on Ms. McGee. Payment of the rent is to continue right through to the hearing of the matter on July 16, 2018. This will require confirmation of payment of the June rent, which I understand has already been tendered, although there is no indication as to whether the funds have cleared and as well payment of the July rent.
[5] In addition, Mr. McGee, on behalf of his mother, is to provide some evidence to the court that application has been made to the Chartwell assisted living facility in Oakville. It is our understanding that application has been made and that the facility is currently under construction, but is expected to be completed and operating by December.
[6] We will also require evidence from Mr. McGee as to a realistic date by which Ms. McGee can move into a facility with Mr. McGee. We understand that there are some complications with the renovation in Mr. McGee’s residence that may necessitate alternative arrangements.
[7] If this appeal is not perfected prior to the hearing date of July 16, 2018, the matter will proceed on that day regardless.
[8] If it is not perfected by June 25, 2018, Scotiabank is at liberty to bring a motion in writing to dismiss the appeal.
[9] Costs to the Respondent in the amount of $750 payable by the Appellant.
[10] I have endorsed the Compendium of the Landlord (Respondent) as follows: “For oral reasons, matter adjourned, on terms, to Monday, July 16, 2018 for 30 minutes.”
___________________________ MORAWETZ R.S. J.
I agree
GORDON R.S. J.
I agree
THORBURN J.
Date of Reasons for Judgment: June 4, 2018
Date of Release: June 5, 2018
CITATION: Scotiabank v. McGee, 2018 ONSC 3465
DIVISIONAL COURT FILE NO.: 20/18
LTB. NO.: TSL-85882-17 DATE: 20180604
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MORAWETZ, R.S.J., GORDON R.S.J. and THORBURN JJ.
BETWEEN:
SCOTIABANK
Respondent in Appeal (Landlord)
– and –
BARBARA MCGEE
Appellant (Tenant)
ORAL REASONS FOR JUDGMENT
MORAWETZ R.S.J.
Date of Reasons for Judgment: June 4, 2018
Date of Release: June 5, 2018