COURT FILE NO.: 189/02
DATE: 20031112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DUNNET, CARNWATH AND JENNINGS JJ.
B E T W E E N:
425343 ONTARIO LTD. o/a SHAUGHNESSY PLACE APTS.
Landlord/Applicant
Appellant
- and -
SAEED BARADAR GOHARI
TAYEBEH MORAD TABRIZI
Tenants/Respondents
Respondents in Appeal
David S. Strashin, for the Landlord/Appellant
No One Appearing, for the Tenants/Respondents
HEARD: November 12, 2003
CARNWATH J.: (Orally)
[1] The appeal is allowed in part.
[2] We find no difficulty with the service on the tenant.
[3] We agree with the Tribunal Member that the notice given by the tenant did not comply with s.47(2) of the Tenant Protection Act.
[4] We find the Member was wrong in law when he found the landlord’s notice of termination Form N4 operated to terminate the tenancy.
[5] Our analysis of what happened persuades us that there was an agreement to terminate between the landlord and the tenant. The tenant signalled an intention to move by November 30th on November 1st. The landlord, through its representatives, said this “was okay”. The agreement to terminate was concluded on November 30th when the tenant delivered the keys to the landlord’s representative and the representative accepted them.
[6] It is unnecessary for us to deal with the submission for prospective rent.
DUNNET J.
[7] The record will read: “For oral reasons delivered by Carnwath J., the appeal is allowed in part. Costs to the appellant fixed at $750, inclusive of disbursements and GST.”
DUNNET J.
CARNWATH J.
JENNINGS J.
Date of Reasons for Judgment: November 12, 2003
Date of Release: November 17, 2003
COURT FILE NO.: 189/02
DATE: 20031112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DUNNET, CARNWATH AND JENNINGS JJ.
B E T W E E N:
425343 ONTARIO LTD. o/a SHAUGHNESSY PLACE APTS.
Landlord/Applicant
Appellant
- and -
SAEED BARADAR GOHARI
TAYEBEH MORAD TABRIZI
Tenants/Respondents
Respondents in Appeal
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: November 12, 2003
Date of Release: November 17, 2003