Court File and Parties

CITATION: 580 Christie Street Co-Ownership Inc. v. Halik, 2009 ONCA 489

DATE: 20090616

DOCKET: C49730

COURT OF APPEAL FOR ONTARIO

Doherty, Blair and Lang JJ.A.

BETWEEN:

580 Christie Street Co-Ownership Inc.

Applicant (Respondent)

and

Miha Halik

Respondent (Appellant)

Counsel: Miha Halik, appearing in person Greg Marley, for the applicant (respondent)

Heard: June 11, 2009

On appeal from the order of Justice S. Chapnik, of the Superior Court of Justice dated November 14, 2008.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that the appeal must be allowed. The rights as between the parties depend upon contractual provisions. The remedies claimed depend on whether the appellant was in default under the provisions of the agreement. The respondent claims that the appellant commenced meritless criminal proceedings against the superintendent of the building. The respondent paid for the defence in the criminal proceedings. The respondent claims that the appellant’s actions constituted a “default” under the agreement triggering the remedy and indemnity provisions of the agreement.

[2] The respondent sought enforcement of the agreement by way of an application. Counsel argues that the Board of the respondent determined that the appellant’s conduct constituted a default under the agreement pursuant to Article 8.01 of the agreement. Counsel also argues that the Board’s decision was not unreasonable and is entitled to deference. The application judge agreed with this submission and granted the relief sought.

[3] Unfortunately, the material before the application judge makes no reference to the Board’s determination much less any of the procedures or circumstances relevant to the reasonableness of that decision. Therefore, there is no basis upon which to pass on the reasonableness of the Board’s decision. The order of Chapnik J. must be set aside in its entirety.

[4] The appeal is allowed without prejudice to the respondent’s entitlement to reinitiate proceedings on proper material. The appellant is entitled to disbursements of $200 for preparation of the appeal.

[5] The appellant may be served at the address set out below in respect of any proceedings involving the appellant and the respondent:

Na Me Res Native Men Residence 14 Vaughan Road Toronto, Ontario M6G 2N1