Court File and Parties

CITATION: Zaki v. Timbri Property Management, 2021 ONSC 6426

DIVISIONAL COURT FILE NO.: 103/21 LANDLORD AND TENANT BOARD FILE NO.: SOL-15222-20

DATE: 20210927

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

Sachs, R.D. Gordon and Kristjanson JJ.

BETWEEN:

ALI ZAKI Appellant (Tenant)

– and –

TIMBRI PROPERTY MANAGEMENT Respondent (Landlord)

Counsel: Ali Zaki, acting in person Tim McElhone, for the Respondent

HEARD at Toronto by video conference: September 27, 2021

Oral Reasons for Judgment

Sachs J. (Orally)

[1] This is an appeal from an order of the Landlord and Tenant Board (the “LTB”) dated December 29, 2020 evicting the appellant and ordering the appellant to pay certain amounts by way of arrears of rent.

[2] The appellant submitted sworn evidence that he never received notice of the hearing before the LTB as the notice was not sent to his proper email address. This evidence goes to the issue of procedural fairness and should be admitted on this appeal.

[3] The LTB consents to an order that the appeal be allowed, and an order made that the matter be reheard by the LTB upon notice to the appellant at his proper email address.

[4] The representative for the respondent opposes the appeal. He does so without having filed a factum or having submitted any sworn evidence that contradicts the appellant’s sworn evidence about notice. As a result, the appellant’s evidence on the crucial issue is uncontradicted. Since he did not receive notice of the hearing before the LTB that resulted in the order under appeal, the appeal is allowed. The order of the LTB is set aside with a direction that the LTB is to hold a new hearing, notice of which is to be sent to the appellant at the following email address ali_zaki@hotmail.com.

[5] The other requests that the appellant made are dismissed for want of jurisdiction.

[6] The appellant hired a lawyer on a limited retainer to assist him with this appeal. The appellant did not provide us with any proof of the amount that he paid this lawyer for her assistance, but we are satisfied, based on the materials filed in the hearing, that $1,500 is a reasonable amount to order the respondent to pay by way of costs on this appeal to help defray the cost of that lawyer. These costs should be offset against any amount that LTB may find to be owing for arrears of rent at the conclusion of the rehearing. To the extent that any amount remains owing for costs after the LTB concludes its rehearing, that amount shall be paid by the landlord within 30 days of the conclusion of the rehearing.

Sachs J.

I agree _______________________________ R.D. Gordon J.

I agree _______________________________ Kristjanson J.

Date of Oral Reasons for Judgment: September 27, 2021 Date of Release: October 1, 2021

CITATION: Zaki v. Timbri Property Management, 2021 ONSC 6426

DIVISIONAL COURT FILE NO.: 103/21 LANDLORD AND TENANT BOARD FILE NO.: SOL-15222-20

DATE: 20210927

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

Sachs, R.D. Gordon and Kristjanson JJ.

BETWEEN:

ALI ZAKI Appellant (Tenant)

– and –

TIMBRI PROPERTY MANAGEMENT Respondent (Landlord)

ORAL REASONS FOR JUDGMENT

Sachs J.

Date of Oral Reasons for Judgment: September 27, 2021 Date of Release: October 1, 2021