CITATION: Thaw v. Furrow, 2010 ONSC 1270
DIVISIONAL COURT FILE NO.: 520/08
DATE: 20100225
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
REILLY, MOLLOY AND DAMBROT JJ.
BETWEEN:
CORRINE THAW
Appellant (Landlord)
– and –
JOHN FURROW and CARMEN NOSEWORTHY
Respondents (Tenants)
Warren Milne, for the Appellant
Mark Michaels, for the Intervenor
Peter S. Carlisi, for the Respondents
HEARD at Toronto: February 25, 2010
REILLY J. (orally)
[1] This is an appeal by the landlord pursuant to s.210 of the Residential Tenancies Act. This Divisional Court has jurisdiction only to consider a question of law.
[2] There were four grounds of appeal enumerated in the Notice of Appeal. However, counsel on behalf of the appellant has argued only one ground of appeal; that the appellant was denied procedural fairness, that she may not have understood the role she was entitled to play at the hearing before the Board, and therefore failed to fully participate. However, upon a full examination of the transcript, we are satisfied that Vice Chair Savoie, who presided at the hearing accorded her a full opportunity to present her evidence and to examine opposing witnesses. Indeed there is no evidence to the contrary. As well she was assisted at the hearing by Ms. Claudia Vecchio. In sum, there is no evidence of a denial of procedural fairness to the appellant. That could only be seen as to her advantage.
[3] I would add that Vice Chair Savoie, in careful and cogent reasons, made specific findings of fact and issued a balanced ruling based on the evidence. His findings of fact are not reviewable by this Court.
[4] For these reasons, the appeal is dismissed.
COSTS
[5] The applicant/appellant Corrine Thaw shall pay costs to the respondents, John Furrow and Carmen Noseworthy fixed at $5,000.00 inclusive of disbursements and GST, costs payable forthwith.
REILLY J.
MOLLOY J.
DAMBROT J.
Date of Reasons for Judgment: February 25, 2010
Date of Release: March 2, 2010
CITATION: Thaw v. Furrow, 2010 ONSC 1270
DIVISIONAL COURT FILE NO.: 520/08
DATE: 20100225
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
REILLY, MOLLOY AND DAMBROT JJ.
BETWEEN:
CORRINE THAW
Appellant (Landlord)
– and –
JOHN FURROW and CARMEN NOSEWORTHY
Respondents (Tenants)
REASONS FOR JUDGMENT
REILLY J.
Date of Reasons for Judgment: February 25, 2010
Date of Release: March 2, 2010