Torok v. Signet Realty Inc., 2019 ONSC 7404

Court File and Parties

CITATION: Torok v. Signet Realty Inc., 2019 ONSC 7404

DIVISIONAL COURT FILE NO.: 049/17 LANDLORD AND TENANT BOARD FILE NO.: TEL-70970-16

DATE: 20191218

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

BACKHOUSE, D.L. CORBETT and F.L. MYERS JJ.

BETWEEN:

RICHARD TOROK Respondent/Appellant

– and –

SIGNET REALTY INC. Applicant/Respondent in Appeal

Richard Torok, acting in person

Spencer F. Toole, for the Applicant/Respondent in Appeal

HEARD at Toronto: December 18, 2019

Oral Reasons for Judgment

D.L. CORBETT J. (Orally)

[1]

Oral Reasons for Judgment

The appeal is dismissed with directions. After an exchange with Mr. Torok, it is clear that the objection Mr. Torok has to the content of the Board’s procedural order is the tight timeline for materials. We say nothing about the reasonableness of the original schedule: obviously a new schedule is now required. There is no basis to interfere with the Board’s central finding that this case proceed before the Board in writing. This was a reasonable decision and procedurally fair given Mr. Torok’s request for accommodation in light of his serious disabilities.

2The new schedule shall be as follows:

(1) All evidence relied on by the landlord will be served and filed with the Landlord and Tenant Board by January 15, 2020.

(2) All evidence relied on by tenant will be served and filed with the Landlord and Tenant Board by February 29, 2020.

(3) Any reply evidence from the landlord will be served and filed with the Landlord and Tenant Board by March 13, 2020.

(4) Landlord’s written argument shall be served and filed with the Landlord and Tenant Board by March 13, 2020.

(5) Tenant’s written argument shall be served and filed with the Landlord and Tenant Board by April 30, 2020.

(6) Landlord’s reply argument shall be served and filed with the Landlord and Tenant Board by May 15, 2020.

(7) Landlord and Tenant Board shall then adjudicate this matter after the steps set out in items 1 – 6, in writing, without an oral hearing.

(8) This schedule may not be changed except by order of a single judge of the Divisional Court.

3This case should proceed without further delay. Any further appellate or review proceedings in this court between these parties are to be brought to the attention of the Divisional Court Administrative Judge and the parties shall so advise the court staff in the Divisional Court office when proceedings are initiated.

[4]

Costs

No order as to costs.

D.L. Corbett J.

I agree _______________________________ Backhouse J.

I agree _______________________________ F.L. Myers J.