COURT FILE NO.: 87/03
DATE: 20030912
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
dunnet, meehan and coo jj.
B E T W E E N:
HODA ELSAFTAWI & LEONARD GARDINER
Tenants/Appellants
- and -
LOYOLA ARRUPE PHASE II INC.
Landlord/Respondent
Ahmed Krama and
Doli Krama, for the Tenants
Joseph Debono, for the Respondent
HEARD: September 12, 2003
COO J.: (Orally)
[1] This is an appeal from the decision of the Ontario Rental Housing Tribunal under s.196 of the Rent Protection Act.
[2] There has been no legitimate question of law addressed on this appeal. The tribunal carefully made findings fully supported by the evidence placed before it. There was no misinterpretation of the relevant sections of the legislation, no misapprehension of the evidence and no error in legal principle.
[3] The discretion to be found in s.84 of the Act was rightly exercised with fairness, care and even compassion. The refusal of the tribunal to exercise the authority set forth in s.84(1)(a) was sound. There is no support for the argument that there was a reasonable apprehension of bias. With respect to the reception of additional evidence, it does not meet the second or third requirements of Sengmueller and Sengmueller. There is nothing on the basis of which we could conclude that it could not have been obtained by the exercise of reasonable diligence. Certainly the admission of any or all of the additional evidence would not in our view be conclusive on any issue before us.
[4] The fact that there may have been after the fact development of dissatisfaction of how the tenant’s representatives conducted the case, is not a matter that plays any part in our determination of the issues before us. For those reasons the appeal will be dismissed.
[5] The record will reflect that the appeal is dismissed for oral reasons released today. The eviction order is not to be enforced before October 31, 2003 and costs are fixed at $3,000.00, payable to the landlord.
___________________________
DUNNET J.
___________________________
MEEHAN J.
___________________________
COO J.
Date of Reasons for Judgment: September 12, 2003
Date of Release:
COURT FILE NO.: 87/03
DATE: 20030912
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
dunnet, meehan and coo jj.
B E T W E E N:
HODA ELSAFTAWI & LEONARD GARDINER
Tenants/Appellants
- and -
LOYOLA ARRUPE PHASE II INC.
Landlord/Respondent
ORAL REASONS FOR JUDGMENT
COO J.
Date of Reasons for Judgment: September 12, 2003
Date of Release: