COURT FILE NO.: 94/06
DATE: 20061102
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
a.c.j.s.c. cunningham, carnwath and e. macdonald jj.
B E T W E E N:
ROHINI BASUR
Landlord
(Appellant)
- and -
ANGELOS HARPANTIDIS
Tenant
(Respondent)
Charles Wagman, for the Appellant
In Person
HEARD at Toronto: November 2, 2006
a.c.j.s.c. cunningham: (Orally)
[1] The only issue before us is whether the tribunal Member committed an error of law. The applicant points to the leading of evidence before the tribunal Member to the effect that Dr. Basur had previously resided in the unit for “about four months” and says this was uncontradicted.
[2] The tribunal Member at page 3 of the reasons stated there was no evidence that the landlord or her parents were previous occupants of the unit. Given the tribunal Member’s characterization of the conduct of the landlord during the tenancy, we have concluded the tribunal Member found there was no evidence that the father had been a genuine occupant of the premises within the meaning of s.72(2)(b) of the statute.
[3] There was no error of law. The appeal is dismissed. No order as to costs.
A.C.J.S.C. CUNNINGHAM
CARNWATH J.
E. MACDONALD J.
Date of Reasons for Judgment: November 2, 2006
Date of Release: November 17, 2006
COURT FILE NO.: 94/06
DATE: 20061102
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
a.c.j.s.c. cunningham, carnwath and e. macdonald jj.
B E T W E E N:
ROHINI BASUR
Landlord
(Appellant)
- and -
ANGELOS HARPANTIDIS
Tenant
(Respondent)
ORAL REASONS FOR JUDGMENT
A.C.J.S.C. CUNNINGHAM
Date of Reasons for Judgment: November 2, 2006
Date of Release: November 17, 2006