CITATION: Westhaver Boutique Residences Inc. v. Toronto, 2020 ONSC 3949
COURT FILE NO.: 670/19
LPAT Case No.: PL 180082 DATE: 2020625
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
WESTHAVER BOUTIQUE RESIDENCES
Jason R. Cherniak for the Moving Parties
INC., WHITEHALL SUITES INC., RED
MAPLE SUITES INC., ROYAL STAYS
INC., LIVINGSUITES TORONTO INC.,
IHM LIMITED and PREMIUM SUITES
INC.
Moving Parties
- and -
CITY OF TORONTO, JEFF HODGART,
J Michele A. Wright, Sarah O’Connor and
ALEXIS LEINO, DESIREE NARCISO and
Matthew Cornett for City of Toronto
FAIRBNB CANADA
Eric K. Gillespie, Kathleen Coulter and
Responding Parties
Terra Duchene for FairBnB
Heard at Toronto: June 19, 2020
DECISION ON MOTION FOR LEAVE TO APPEAL
D.L. Corbett J.:
[1] Despite Mr Cherniak’s able submissions the motion for leave to appeal is dismissed with costs payable by the moving parties to Toronto fixed at $7,500 inclusive, and to FairBnB Canada in the amount of $3,500 inclusive.
[2] This court does not ordinarily give reasons on motions for leave to appeal, mirroring the practice in the Court of Appeal and the Supreme Court of Canada: Lokhandwala v. Khan, 2019 ONSC 6346. The court’s practice not to give reasons when granting or refusing leave to appeal is rooted in common appellate practice for sound reasons of principle. See Silver v. IMAX Corp., 2011 ONSC 1035, 105 OR (3d) 212. These principles apply equally to motions for leave to appeal in the Divisional Court argued before a single judge and motions for leave to appeal heard in writing by a panel of three judges.
[3] Of course, it is in the discretion of a judge deciding a motion for leave to appeal to give reasons. However, in my view this discretion ought to be exercised sparingly for all the reasons that decisions on motions for leave to appeal before a Divisional Court panel, in the Court of Appeal, and in the Supreme Court of Canada, are rendered without reasons.
[4] In addition to the policy reasons for not providing reasons on motions for leave to appeal, in this case it seems likely that there will be further administrative proceedings and potentially litigation respecting the underlying issue of using residential premises for certain kinds of short-term rentals. It would not be helpful to those potential proceedings for this court to provide a gloss on the decision below in the course of providing unnecessary reasons for denying leave to appeal.
___________________________ D.L. Corbett J.
June 25, 2020
Westhaver Boutique Residences Inc. v. Toronto, 2020 ONSC 3949
COURT FILE NO.: 670/19
LPAT Case No.: PL 180082 DATE: 2020625
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
WESTHAVER BOUTIQUE RESIDENCES
INC., WHITEHALL SUITES INC., RED
MAPLE SUITES INC., ROYAL STAYS
INC., LIVINGSUITES TORONTO INC.,
IHM LIMITED and PREMIUM SUITES
INC.
Moving Parties
- and -
CITY OF TORONTO, JEFF HODGART,
ALEXIS LEINO, DESIREE NARCISO and
FAIRBNB CANADA
Responding Parties
REASONS FOR DECISION
D.L. Corbett J.
Date of Release: June 25, 2020