CITATION: Weller v. Khalifa, 2020 ONSC 1106
DIVISIONAL COURT FILE NO.: 284/19
LANDLORD AND TENANT BOARD NO.: TNL-09704-18
DATE: 20200219
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
D.L. CORBETT, KRISTJANSON, PETERSEN JJ.
BETWEEN:
ANGELIKA WELLER
Muhammad Zafar, for the Landlord Applicant/Respondent by Appeal
Landlord Applicant/Respondent by Appeal
– and –
BASIT KHALIFA
Viviane Kone, for the Tenant Respondent/Appellant by Appeal
Tenant Respondent/Appellant by Appeal
HEARD at Toronto: February 19, 2020
D.L. CORBETT J. (Orally)
[1] The Court expresses its dismay at the state of this case. The appellant appeals a decision from the Landlord and Tenant Board raising numerous issues including:
a. improper reliance on hearsay evidence, and
b. ignoring key evidence and failing to appreciate relevant evidence.
[2] The appellant did not file the record from the Landlord and Tenant Board, not the transcripts, not even the exhibits. It is not possible to adjudicate this appeal without a proper record.
[3] Instead of a proper record, the appellant filed an affidavit without moving to admit fresh evidence on appeal.
[4] The respondent, instead of filing a proper respondent’s record filed an affidavit without moving to admit fresh evidence.
[5] We appreciate that delay prejudices the respondent; however, the respondent has contributed to the delay as well and we are not inclined to place all the blame on the appellant. However, we will impose tight timelines.
[6] The appellant shall order transcripts within seven days. The appellant shall either perfect the appeal by March 31, 2020 or shall obtain an extension from the president of this panel, D.L. Corbett J., on motion, on notice, in writing in which the appellant shall explain the continuing delay. Appellant’s counsel is referred to Rule 61.09, 61.10 and 61.10.1 in particular respecting perfection of appeals.
[7] The respondent shall file all responding materials within 30 days of the appellant perfecting the appeal. If the respondent has issues with respect to the appellant’s appeal materials, counsel may seek directions from the president of this panel, D.L. Corbett J., by teleconference.
[8] The parties shall deliver fresh factums based on the materials filed pursuant to this endorsement. The date for appeal is to be expediated to be scheduled in May or June 2020, no later than Friday, July 3, 2020, to be scheduled by the Divisional Court office.
[9] There shall be no order as to costs to date. I have endorsed the back of the Appeal Record and Compendium as follows: “This appeal is adjourned to a date to be scheduled by the Divisional Court office no later than July 3, 2020. No costs to date. Oral reasons given.”
D.L. CORBETT J.
I agree
KRISTJANSON J.
I agree
PETERSEN J.
Date of Oral Reasons for Judgment: February 19, 2020
Date of Release: March 6, 2020
CITATION: Weller v. Khalifa, 2020 ONSC 1106
DIVISIONAL COURT FILE NO.: 284/19
LANDLORD AND TENANT BOARD NO.: TNL-09704-18
DATE: 20200219
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
D.L. CORBETT, KRISTJANSON, PETERSEN JJ.
BETWEEN:
ANGELIKA WELLER
Landlord Applicant/Respondent by Appeal
– and –
BASIT KHALIFA
Tenant Respondent/Appellant by Appeal
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Oral Reasons for Judgment: February 19, 2020
Date of Release: March 6, 2020