CITATION: Lafontaine v. Grant, 2019 ONSC 2321
DIVISIONAL COURT FILE NO.: DC-18-41-00 DATE: 20190411
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
GORDON, BACKHOUSE, BALE JJ.
BETWEEN:
LOUIS A. LAFONTAINE
Appellant
- and -
ALANNA GRANT
Respondent
Self-represented
By her agent, Bryan Grant
HEARD at Brampton: April 10, 2019
ENDORSEMENT
r. gORDON J.
[1] The Appellant is the landlord of 339 Van Kirk Drive in Brampton. The Respondent lived in a room at the property for a period of time. She brought an application under the Residential Tenancies Act, 2006 for damages arising from what she alleged was an infestation of bed bugs. A hearing date was set before the Landlord and Tenant Board. The Appellant did not attend, but instead sent a letter to the Board in which he submitted, among other things, that the Board had no jurisdiction to consider the application because the property is exempt as a shared accommodation where temporary guests reside and occupy common areas and have only a separate bedroom. He indicated in his letter that the Board had previously determined that his property was exempt.
[2] At the hearing, the Board questioned the Respondent on the issue of exemption. The Board determined that on the evidence before it, the Respondent was not required to share either the kitchen or the bathroom with the Applicant as required for the exemption in section 5(i) of the Act to apply. The Board found as fact that the Applicant had his own kitchen and bathroom in the basement. Having found that the exemption did not apply, the Board ruled in favour of the Respondent and ordered payment of $4,885.19.
[3] The Appellant sought a review of the decision. His request to review the order was denied and the order was confirmed. He has appealed to this court.
[4] Under section 210 of the Residential Tenancies Act, 2006, an appeal from the Board is restricted to questions of law.
[5] Although we can certainly understand the Appellant’s concern with the decisions made, what he challenges are the findings of fact made by the Board. That is, he disagrees with the Board’s finding that he has his own kitchen and bathroom in the basement, and he disagrees with the finding that the Respondent was not required to share any such facilities with him. Unfortunately, these are not questions of law and the Appellant therefore has no right of appeal.
[6] Accordingly, we are required to dismiss the appeal. The Respondent did not request costs and there will therefore be no order as to costs.
R. Gordon J.
I agree _______________________________
Backhouse J.
I agree _______________________________
Bale J.
Date of Release: April 11, 2019
CITATION: Lafontaine v. Grant, 2019 ONSC 2321
DIVISIONAL COURT FILE NO.: DC-18-41-00 DATE: 20190411
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GORDON, BACKHOUSE, BALE JJ.
BETWEEN:
LOUIS A. LAFONTAINE
Appellant
AND
ALANNA GRANT
Respondent
ENDORSEMENT
R. GORDON J.
Date of Release: April 11, 2019