Court File and Parties
COURT FILE NO.: 723/03
DATE: 20041008
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, GROUND AND PITT JJ.
B E T W E E N:
NATHAN ROSEN Tenant/Appellant
- and -
NAFTALI SADIKOV Landlord/Respondent
Counsel: Bernard W. Papernick, for the Tenant/ Appellant Ben V. Hanuka, for the Landlord/ Respondent
HEARD: October 8, 2004
Oral Reasons for Judgment
FERRIER J.: (Orally)
[1] The question of bad faith is one of fact, not law. An appeal lies only on a question of law.
[2] The appellant argues that pertinent evidence was ignored in reference to the issue of bad faith and that that is a question of law.
[3] On the evidence as a whole, it was open for the Tribunal to make a finding that there was no bad faith, even though the Reasons of the Member are scant. However, there is no reason why the tenant should not have received his $900.00 back paid as rent for April. An order will go for payment of that sum to the tenant. Otherwise, the appeal is dismissed.
[4] No order as to costs.
FERRIER J.
GROUND J.
PITT J.
Date of Reasons for Judgment: October 8, 2004
Date of Release: October 19, 2004
COURT FILE NO.: 723/03
DATE: 20041008
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, GROUND AND PITT JJ.
B E T W E E N:
NATHAN ROSEN Tenant/Appellant
- and -
NAFTALI SADIKOV Landlord/Respondent
ORAL REASONS FOR JUDGMENT
FERRIER J.
Date of Reasons for Judgment: October 8, 2004
Date of Release: October 19, 2004