CITATION: Wright v. Maliartchouk, 2019 ONSC 3834
DIVISIONAL COURT FILE NO.: DC 18-1120
DATE: 20190620
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Glithero, D.L. Corbett, Favreau JJ.
BETWEEN:
Nzinga Wright
Applicant/Appellant
– and –
Natalia Maliartchouk and Valeri Maliartchouk
Respondent
COUNSEL:
J.D. Ekpenyong, for the Applicant/Appellants
Daniel Yudashkin, for the Respondents
HEARD at Oshawa: June 20, 2019
Oral Reasons for Decision
D.L. Corbett (Orally)
[1] Counsel appeared this morning and requested an adjournment of this appeal from the Landlord and Tenant Board (“LTB”). The court had no prior notice of this request. The court’s panel of three judges were all prepared to proceed on the matter today.
[2] The appeal concerns a claim for damages before the LTB of $15,000.
[3] As a result of proportionality, it can hardly be in the interests of the parties to incur counsel fees for another appearance in this case. It is not in the interest of the court that three other jurists spend time to prepare for this appeal. And it is not practical for this panel to reconvene in Oshawa to hear oral argument in this appeal.
[4] With these concerns in mind, the court proposed that, if the parties consented, this panel would seize itself of this appeal and decide it on a written record only, with directions to establish a schedule for completing delivery of materials for the appeal. Counsel was given an opportunity to confer and obtain instructions, after which they returned to court and consented to proceed in writing as proposed by the court. Therefore, on consent, order to go as follows:
Respondent shall serve and file any materials on which respondent relies (which may include a fresh factum, and which may but need not include a compendium) by July 12, 2019.
Appellant shall serve and file any reply materials by August 1, 2019.
The parties shall file their costs outlines and submissions by the dates indicated above, in sealed envelopes clearly labelled as costs materials.
All materials filed pursuant to this direction shall be filed in triplicate in Oshawa.
On consent of the parties the court orders that the appeal shall be decided on the basis of the written materials filed, without oral submissions.
D.L. Corbett J.
I agree
Glithero J.
I agree
Favreau J.
Date of Reasons for Judgment: 20190619
Date of Release: 20190620
CITATION: Wright v. Maliartchouk, 2019 ONSC 3834
DIVISIONAL COURT FILE NO.: DC 18-1120
DATE: 20190620
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Glithero, D.L. Corbett, Favreau JJ
BETWEEN:
Nzinga Wright
Applicant/Appellant
– and –
Natalia Maliartchouk and Valeri Maliartchouk
Respondent
ORAL REASONS FOR DECISION
D.L. Corbett
Date of Reasons for Judgment: June 19, 2019
Date of Release: June 20, 2019