Court File and Parties
COURT FILE NO.: 429/04
DATE: 20050914
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GREER, LAX AND BENOTTO, JJ.
B E T W E E N:
TORONTO COMMUNITY HOUSING CORPORATION Landlord/Respondent
- and -
TREVOR DAVIS, KERRY-ANN DAVIS Tenants/Appellants
Counsel: Jim Kandaji, for the Landlord/Respondent Sheila Cuthbertson, for the Tenants/ Appellants
HEARD: September 14, 2005
Oral Reasons for Judgment
GREER J.: (Orally)
[1] The appeal is dismissed. We see no error made by the Tribunal in not allowing an adjournment to the tenant Davis who was facing outstanding criminal charges under the Controlled Drugs and Substances Act, R.S. 1985, c. C-5.
[2] In our view, the Tribunal had sufficient evidence upon which to base its finding that there was an "illegal act" committed under s.62(1) of the Tenant Protection Act, 1997, S.O. 1997 c.24, by the tenant.
[3] The appellant argued that having found an illegal act, the Tribunal erred in not considering whether such act reasonably interfered with the character and quality and reasonable enjoyment of the landlord or other tenants. The Tribunal did address and consider this in paragraph 5 of its decision where it stated:
"I find, that the very presence of drug activities and the use of drugs is known to have a negative effect on the social living conditions, character and reputation of a community."
[4] We base our decision on the evidence that was before the Tribunal and did not need to take into account the subsequent evidence tendered by the respondent after the hearing before the Tribunal to us of a guilty plea entered by the tenant on January 14, 2005 on count 2 of the Indictment, being possession of cocaine for the purposes of trafficking.
[5] We endorse the record accordingly. The appeal is dismissed for the oral reasons delivered today. Costs are fixed in the amount of $500.00, inclusive of GST and disbursements, and is a reasonable amount. Draft approved as amended to be re-typed and submitted to the Registrar.
GREER J.
LAX J.
BENOTTO J.
Date of Reasons for Judgment: September 14, 2005
Date of Release: September 23, 2005
COURT FILE NO.: 429/04
DATE: 20050914
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GREER, LAX AND BENOTTO, JJ.
B E T W E E N:
TORONTO COMMUNITY HOUSING CORPORATION Landlord/Respondent
- and -
TREVOR DAVIS, KERRY-ANN DAVIS Tenants/Appellants
ORAL REASONS FOR JUDGMENT
GREER J.
Date of Reasons for Judgment: September 14, 2005
Date of Release: September 23, 2005