CITATION: Bendzsel v. Knighty, 2020 ONSC 6468
DIVISIONAL COURT FILE NO.: DC-19-0012-00 DATE: 20201028
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Trimble, Kristjanson, Nieckarz JJ.
BETWEEN:
Martha Bendzsel
Appellant
Michael Knighty
Respondent
-and-
Cory Trumbley
Respondent
Robert Charko, for the Applicant
No one appearing
No one appearing
HEARD at Hamilton: 20201022
TRIMBLE J. (Orally):
[1] This matter heard today is an appeal from Landlord & Tenant Board Member Kevin Lundy’s decision of 20 February 2019, File Number: 2019SOT-97745-18 (which can be found at: 2019 ON LTB 86899, http://canlii.ca/t/j2gkf).
[2] For reasons set out below, this matter is adjourned to a date to be set by the Registrar.
[3] On 21 August 2020, the Divisional Court released an Order removing the Respondents’ counsel from the record. The Order was not in the Court file, however, nor was it provided to the panel before the hearing. Counsel for the appellant advised he did not receive a copy of the Order, although he was served with the Motion Record, and was aware that the Motion was to be heard on 21 August 2020.
[3] In addition, counsel for the Appellant advised that the Respondent tenants had vacated the building in January 2020 without leaving a forwarding address or contact information with the landlord. Further, there is no record of the Respondents having provided updated contact information to the Court.
[4] On 7 October 2020, the Court mailed a Notice of the hearing date to the parties. The Respondent tenants’ notice was mailed to the address which the Appellant says they left in January 2020.
[5] In the two days leading up to this hearing, the Trial Coordinator attempted to reach the Respondents at the phone number in the file. That number did not work.
[6] Accordingly, there was no evidence before the panel that Counsel on record for the Respondents or the Respondents had been advised of the hearing. The Respondents did not appear.
[7] Given that the Court order removing lawyers of record was not in the Court file provided to the panel, this matter may be heard in any Region to accommodate an earlier appeal date.
[8] It is the responsibility of litigants to apprise the Court of any change of address. The notification of the new date shall be sent by mail to the last known address of the Respondents.
[9] The Respondents’ materials were not available in the electronic DropBox provided by the Plaintiff’s counsel, although they were filed in hard copy in July 2019. The Panel hearing this appeal must be provided with the electronic versions of the Respondents’ Factum and Compendium which were filed with the Court.
___________________________ Trimble J.
I agree
”Kristjanson J.”_________
Kristjanson J.
Per: Trimble, J.
I agree
”Nieckarz J.”_________
Nieckarz J.
Per: Trimble J.
Date of Reasons for Judgment: 28 October 2020
Date of Release: 28 October 2020
CITATION: Bendzsel v. Knighty, 2020 ONSC 6468
DIVISIONAL COURT FILE NO.: DC-19-0012-00 DATE: 202010??
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Trimble, Kristjanson, Nieckarz
BETWEEN:
Martha Bendzsel
Appellant
Michael Knightly
Respondent
– and –
Cory Trumbley
Respondent
ORAL REASONS FOR JUDGMENT
Trimble J.
Date of Reasons for Judgment: 28 October 2020
Date of Release: 28 October 2020