1162994 Ontario Inc. v. Bakker

1162994 Ontario Inc. v. Bakker

Leave to intervene was granted because the Rules of Civil Procedure apply to appeals from the Tribunal, Rule 61 is not exclusive, and ACTO demonstrated relevant expertise and the ability to assist the court without expanding the record or unduly prejudicing the parties; intervention granted subject to specified...

Source-derived case information.

Citation
C40655, M30965
Parties
Landlord; Respondent in Appeal: 1162994 Ontario Inc.; Tenants; Appellant in Appeal: Tim Bakker et al.; Intervenor (friend of the Court): Advocacy Centre for Tenants Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 March 2004
Procedural Posture
Collection; Appeal From Ontario Rental Housing Tribunal and Divisional Court / Motion to Intervene in Court of Appeal (intervention Hearing)
Outcome
Motion to intervene granted with conditions; no costs of the motion
Legal Topics
Intervention, Co Tenant Liability, Tenant Arrears, Appeal Procedure, Rules of Civil Procedure
Source Language
english
Civil Property Landlord and Tenant Administrative Law Procedural Law Intervention Co Tenant Liability Tenant Arrears +2 more

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Parties

1162994 Ontario Inc.

Landlord; Respondent in Appeal

Tim Bakker et al.

Tenants; Appellant in Appeal

Advocacy Centre for Tenants Ontario

Intervenor (friend of the Court)

Procedural Posture

Collection; Appeal From Ontario Rental Housing Tribunal and Divisional Court / Motion to Intervene in Court of Appeal (intervention Hearing)

Legal Issues

  1. 1 Whether the Advocacy Centre for Tenants Ontario may intervene as a friend of the court in this appeal
  2. 2 Whether Rules of Civil Procedure (Rule 13) apply to appeals originating from the Ontario Rental Housing Tribunal given the Tenant Protection Act, 1997
  3. 3 Whether Rule 61 provides an exhaustive code prohibiting intervention

Ratio Decidendi

Leave to intervene was granted because the Rules of Civil Procedure apply to appeals from the Tribunal, Rule 61 is not exclusive, and ACTO demonstrated relevant expertise and the ability to assist the court without expanding the record or unduly prejudicing the parties; intervention granted subject to specified conditions to limit prejudice and cost impact.

Court Disposition

Motion to intervene granted with conditions; no costs of the motion

Orders

  • Intervention granted to the Advocacy Centre for Tenants Ontario as friend of the court
  • Intervenor shall take the record as it is and shall not adduce further material