CITATION: Weller v. Khalifa, 2020 ONSC 1106

DIVISIONAL COURT FILE NO.: 284/19

LANDLORD AND TENANT BOARD NO.: TNL-09704-18
DATE: 20200219

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

D.L. CORBETT, KRISTJANSON, PETERSEN JJ.

BETWEEN:

ANGELIKA WELLER

Muhammad Zafar, for the Landlord Applicant/Respondent by Appeal

Landlord Applicant/Respondent by Appeal

– and –

BASIT KHALIFA

Viviane Kone, for the Tenant Respondent/Appellant by Appeal

Tenant Respondent/Appellant by Appeal

HEARD at Toronto: February 19, 2020

D.L. CORBETT J. (Orally)

1The Court expresses its dismay at the state of this case. The appellant appeals a decision from the Landlord and Tenant Board raising numerous issues including:

a. improper reliance on hearsay evidence, and

b. ignoring key evidence and failing to appreciate relevant evidence.

2The appellant did not file the record from the Landlord and Tenant Board, not the transcripts, not even the exhibits. It is not possible to adjudicate this appeal without a proper record.

3Instead of a proper record, the appellant filed an affidavit without moving to admit fresh evidence on appeal.

4The respondent, instead of filing a proper respondent’s record filed an affidavit without moving to admit fresh evidence.

5We appreciate that delay prejudices the respondent; however, the respondent has contributed to the delay as well and we are not inclined to place all the blame on the appellant. However, we will impose tight timelines.

6The appellant shall order transcripts within seven days. The appellant shall either perfect the appeal by March 31, 2020 or shall obtain an extension from the president of this panel, D.L. Corbett J., on motion, on notice, in writing in which the appellant shall explain the continuing delay. Appellant’s counsel is referred to Rule 61.09, 61.10 and 61.10.1 in particular respecting perfection of appeals.

7The respondent shall file all responding materials within 30 days of the appellant perfecting the appeal. If the respondent has issues with respect to the appellant’s appeal materials, counsel may seek directions from the president of this panel, D.L. Corbett J., by teleconference.

8The parties shall deliver fresh factums based on the materials filed pursuant to this endorsement. The date for appeal is to be expediated to be scheduled in May or June 2020, no later than Friday, July 3, 2020, to be scheduled by the Divisional Court office.

9There shall be no order as to costs to date. I have endorsed the back of the Appeal Record and Compendium as follows: “This appeal is adjourned to a date to be scheduled by the Divisional Court office no later than July 3, 2020. No costs to date. Oral reasons given.”

D.L. CORBETT J.

I agree

KRISTJANSON J.

I agree

PETERSEN J.

Date of Oral Reasons for Judgment: February 19, 2020

Date of Release: March 6, 2020

CITATION: Weller v. Khalifa, 2020 ONSC 1106

DIVISIONAL COURT FILE NO.: 284/19

LANDLORD AND TENANT BOARD NO.: TNL-09704-18
DATE: 20200219

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

D.L. CORBETT, KRISTJANSON, PETERSEN JJ.

BETWEEN:

ANGELIKA WELLER
Landlord Applicant/Respondent by Appeal

– and –

BASIT KHALIFA
Tenant Respondent/Appellant by Appeal

ORAL REASONS FOR JUDGMENT

D.L. CORBETT J.