Hazelview Property Services Inc. v. Matsui, 2025 ONSC 31

CITATION: Hazelview Property Services Inc. v. Matsui, 2025 ONSC 31

DIVISIONAL COURT FILE NO.: 280/24

DATE: 20250102

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

RE: Hazelview Property Services Inc., Appellant

-and-

Jennifer Matsui, Respondent

BEFORE: FL Myers J

COUNSEL: Timothy M. Duggan, for the Appellant

Delaram M. Jafari, for the Respondent

READ: January 2, 2025

COSTS ENDORSEMENT

[1] There were two issues on appeal. First, the landlord contested the finding that its temporary rent accommodations to the tenant became the enforceable lawful rent for the unit throughout the pandemic. Second, the landlord contested the finding that the lower rent remained the lawful rent after the parties had agreed to return to the full rent that the tenant had been paying (with two rent increases) over some years.

[2] The tenant contested both issues in her factum. But she offered to settle on the basis that she would concede the second issue.

[3] The tenant succeeded on the first issue and did effectively concede the second issue during her counsel’s submissions.

[4] The tenant submits that in view of her offer to settle, she should be entitled to costs of the appeal. Assuming that Rule 49 applies to appeals, then under Rule 49.10 (2) the respondent would have to pay costs to the appellant up to the date of her offer and then be entitled to costs thereafter. This would not yield any payment to the tenant. But it also highlights why the terms of Rule 49 do not fit an appeal well.

[5] Even using the offer to inform the exercise of my discretion under Rule 49.13 and s. 131 of the Courts of Justice Act, RSO 1990 c C.43, I am not inclined to award costs of the appeal. There were two issues fully briefed. The appellant had to argue both points. The tenant’s concession on the second issue was not contained in her factum and it was not made in court until deep into her counsel’s submissions.

[6] There were two issues on appeal and each party succeeded on one. I do not find it fair or reasonable to award costs in the circumstances.

FL Myers J

Date: January 2, 2025