COURT FILE NO.: 528/01
DATE: 20030317
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O'DRISCOLL, ARCHIE CAMPBELL AND LANE JJ.
B E T W E E N:
ADAM BUDZANOWSKI
Appellant Tenant
(Respondent)
- and -
TORONTO COMMUNITY HOUSING CORPORATION
Respondent Landlord
(Applicant)
Ian S. Hennessey, for the Tenant (Appellant)
Martin P. Zarnett, for the Respondent in Appeal
HEARD: March 17, 2003
ARCHIE CAMPBELL J.: (Orally)
[1] The fresh evidence relates to an issue on which evidence was readily available at the time of the hearing. A number of witnesses had independent knowledge of the matters thought to be established by the fresh evidence. The tenant produced and relied upon two documents, the October 6, 2000 letter to himself purportedly signed by Kedzerski and the December 4, 2000 document in the tenant's handwriting purportedly signed by the property manager and also by Horszko. Neither Kedzerski nor Horszko were called as witnesses. There were other available witnesses who could have testified on that issue whom the appellant chose not to call.
[2] The fresh evidence, the existence of an earlier application, speaks only some of the adverse findings made by the panel and could not, having regard to the other evidence, reasonably have been conclusive of the issue. See: Sengmueller v. Sengmueller (1994), 17 O.R. (3d) 208, per McKinlay J.A. at pp. 210-211.
[3] The motion to admit fresh evidence is therefore dismissed.
Date of Reasons for Judgment: March 17, 2003
Date of Release: March 24, 2003
COURT FILE NO.: 528/01
DATE: 20030317
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O'DRISCOLL, ARCHIE CAMPBELL AND LANE JJ.
B E T W E E N:
ADAM BUDZANOWSKI
Appellant Tenant
(Respondent)
- and -
TORONTO COMMUNITY HOUSING CORPORATION
Respondent Landlord
(Applicant)
ORAL REASONS FOR JUDGMENT
ARCHIE CAMPBELL J.
Date of Reasons for Judgment: March 17, 2003
Date of Release: March 24, 2003