Court File and Parties

CITATION: Lim v. Toronto Community Housing Corporation, 2019 ONSC 7289

DIVISIONAL COURT FILE NO.: 645/19

DATE: 20191209

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: SOOKJA LIM, Appellant

AND: toronto community housing CORPORATION, Respondent

BEFORE: D.L. CORBETT J.

COUNSEL: Sookja Lim, acting in person Katie Douglas, for the Respondent

HEARD at Toronto: December 9, 2019

Endorsement

D.L. Corbett J. (Orally)

[1] Ms. Lim appeared with a Korean interpreter. Unfortunately, Ms. Lim has difficulty making herself understood in Korean to the interpreter or in English to the court. However, with sufficient back and forth I believe I understood her and that she understood me for the most part.

[2] Ms. Lim says that she has faced severe noise problems in her apartment and that her landlord Toronto Community Housing Corporation has failed or refused to do enough to stop these problems.

[3] The Landlord and Tenant Board found that Ms. Lim failed to prove her claims, a factual conclusion that is not subject to appellate review in this court. Ms. Lim says in her materials that she continues to have noise problems and she is trying to find a way to document them for the Landlord and Tenant Board. She also says she has further evidence of these problems.

[4] Ms. Lim tells me that she has two sons but they have not been able to help her with the noise problems. I gathered from Ms. Lim that discussion with her sons on this issues leads to conflict.

[5] Ms. Lim tells me that she obtains medication from her psychiatrist and that it is helpful for her. She may wish to consider whether her psychiatrist might have some advice or treatment for her that would reduce the stress she feels from the noise around her.

[6] Counsel for Toronto Community Housing Corporation advises that she will try to convey the following information to Ms. Lim through the interpreter once court is finished today:

(1) The new address for the Landlord and Tenant Board; and

(2) The contact information for a community legal aid clinic.

[7] Counsel also confirms that Toronto Community Housing Corporation will not object to Ms. Lim bringing any new noise complaints to the Landlord and Tenant Board.

[8] In saying this of course, Toronto Community Housing Corporation may deny the complaints and defend at the Landlord and Tenant Board.

[9] The test to extend time requires that the court consider the merits of the proposed appeal. It is clear that there are none. The appeal is in respect of factual findings of the Landlord and Tenant Board and there is no basis to find the Landlord and Tenant Board’s decision unreasonable.

[10] Granting the motion would delay Ms. Lim’s pursuit of a new complaint, leave her exposed to an award of legal costs and would be bound to fail.

[11] Motion dismissed without costs.

D.L. CORBETT J.

Date Orally Released: December 9, 2019

Date Released: December 16, 2019