CITATION: Itenberg v. Manfred Schon (201687 Ontario Corporation), 2018 ONSC 5503
DIVISIONAL COURT FILE NO.: 624/15
LANDLORD AND TENANT BOARD NO.: TSL-67465-15
DATE: 20180918
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MARROCCO A.C.J.S.C., THORBURN and D. EDWARDS JJ.
BETWEEN:
OLGA ITENBERG
Jane L. Ferguson, for the Applicant (Respondent in Appeal)
Applicant (Respondent in Appeal)
– and –
MANFRED SCHON (201687 Ontario Corporation)
Fabio Gazzola, for the Respondent (Appellant)
Respondent (Appellant)
HEARD at Toronto: September 18, 2018
Oral Reasons for Judgment
MARROCCO A.C.J.S.C. (Orally)
[1] The appeal is allowed. The eviction order as amended remains in place. Mr. Schon’s name is removed as a party.
[2] The evidence before the Landlord and Tenant Board was a lease in the name only of the numbered company. Mr. Schon’s name was not on the lease. There was also a previous Board hearing dated April 24, 2015 in which the same member ordered the numbered company to pay arrears of rent and therefore recognized that company as the tenant.
[3] In these circumstances, the finding of Mr. Schon was a tenant is an error of law.
[4] The ex-parte amendment to the eviction order to correct a clerical error in the name of the numbered company was appropriate.
[5] In view of the fact that Mr. Schon has never been a tenant, we do not need to consider the appropriateness of the ex-parte amendment which added his name to the eviction order.
[6] With respect to the refusal of the member to grant an adjournment at the request of the numbered company, we find that the member acted reasonably in refusing the request. We also find that the member otherwise acted reasonably in reaching her decision.
[7] I have endorsed the Appellant’s Appeal Book and Compendium as follows: “This appeal is allowed for oral reasons released today. No costs.”
MARROCCO A.C.J.S.C.
I agree
THORBURN J.
I agree
D. EDWARDS J.
Date of Reasons for Judgment: September 18, 2018
Date of Release: September 19, 2018
CITATION: Itenberg v. Manfred Schon (201687 Ontario Corporation), 2018 ONSC 5503
DIVISIONAL COURT FILE NO.: 624/15
LANDLORD AND TENANT BOARD NO.: TSL-67465-15
DATE: 20180918
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., THORBURN and D. EDWARDS JJ.
BETWEEN:
OLGA ITENBERG
Applicant (Respondent in Appeal)
– and –
MANFRED SCHON (201687 Ontario Corporation)
Respondent (Appellant)
ORAL REASONS FOR JUDGMENT
MARROCCO A.C.J.S.C.
Date of Reasons for Judgment: September 18, 2018
Date of Release: September 19, 2018