Court File and Parties
DIVISIONAL COURT FILE NO.: 248/24
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: ELAINE JORDAN, Appellant
-and-
monique keane, Respondent
BEFORE: FL Myers J
COUNSEL: Elaine Jordan, the Appellant
HEARD at Toronto (by videoconference): September 17, 2024
ENDORSEMENT
[1]
Introduction
This appeal was scheduled to proceed this morning. No one attended for the respondent or the LTB because the appellant did not perfect the appeal.
2Ms. Jordan was assisted by her son whom I allowed to speak for her today. I reiterated to him however, the advice provided previously by Davies J., that he is not entitled to represent his mother in this court. Rather, she needs a lawyer or she can represent herself. Whether a judge allows a family member to assist in any given hearing will depend on the circumstances and will be up to that judge.
3Although the appellant was sent the normal directions to inform her about the need to prepare documents and to upload them to Case Center, she did none of what was required of her. I have nothing to read and I know nothing about the appeal except what is in Justice Davies’ directions.
[4]
Background
Mr. Jordan told me that the tenant caused very substantial damages to the rental unit. The landlord claimed damages of $30,000 before the LTB. He says that the tenant conceded that she caused damage and that this was found by the LTB. They filed pictures and other proof of damage to the unit.
5Mr. Jordan says that the LTB dismissed the claim because they did not file proof of the cost of repairs. He finds this unjust given especially that tenant admitted causing much damage.
6Mr. and Ms. Jordan did not take from their experience at the LTB the idea that they needed help to advance their claim. They did not present the evidence that they needed to the LTB. So too in this court. If they read the directions given by Davies J., they ignored them.
7I am all too happy to assist unrepresented parties try to understand the court’s processes. But there is a corresponding obligation on the parties to try to learn and perform as required. If they cannot present a case in a fair manner, they cannot expect to succeed.
[8]
Analysis
As had Davies J., I explained to the appellant that to appeal in this court, under s. 210 of the Residential Tenancies Act, 2006, they must assert that the LTB made an “error of law”. A finding about the cost of repairs is one of “fact” rather than “law”. But I am concerned that if the LTB found that the tenant did indeed cause damage to the premises for which she ought to be held liable, then the landlord may have been entitled to at least nominal damages. Moreover, given their self-represented status, and depending on what they had been told about proving their case in advance, perhaps they might have been entitled to an opportunity to file their invoices. I do not know if that was discussed at the hearing or if the tenant asserted any prejudice for example.
9If the landlord was entitled to some damages or if procedural fairness required that she be given an opportunity to file invoices then there may indeed be a question of law presented in this appeal. I make no finding of course. But this leads me to offer the landlord one last chance to do what she needs to do to have her appeal heard.
[10]
Resources for Self-Represented Litigants
The landlord needs legal advice. I urge her to retain a lawyer who can guide her through the document requirements at least. I understand that lawyers are expensive. However, if the claim is truly for anywhere near $30,000, a minor expenditure to get at least some preliminary help would seem to be money well spent.
11JusticeNet is a not-for-profit service helping people in need of legal expertise, whose income is too high to access Legal Aid and too low to afford standard legal fees. Legal professionals listed on JusticeNet will offer services to eligible clients at reduced fees. For more information visit: https://www.justicenet.ca/.
12The appellant may also wish to contact Pro Bono Ontario. Pro Bono Ontario is a non-profit organization committed to helping Ontarians with their legal needs by connecting them with lawyers providing free services. Pro Bono offers a free legal advice hotline for up to 30 minutes of legal advice and assistance. The toll-free number is 1-855-255-7256. For more information visit: https://www.probonoontario.org/hotline/.
13If the appellant chooses to represent herself, the National Self-Represented Litigants Project has online resources that may assist you in navigating court processes. For more information, visit:
https://representingyourselfcanada.com/ .
[14]
Disposition
Without any other parties present, I cannot reschedule the appeal. I direct the Registrar to convene a case conference on notice to all parties for that purpose.
FL Myers J
Date: September 17, 2024