CITATION : Gravelle v. Gravelle, 2011 ONSC 1933 COURT FILE NO.: 10-48745 DATE: 2001/05/17 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Marc Gravelle, Applicant / Landlord AND Claude Gravelle, Respondent / Tenant APPLICATION UNDER the Commercial Tenancies Act , R.S.O. 1990, c. L. 7,

Part III BEFORE: Annis J. COUNSEL: Jamie A. Macdonald, for the Applicant / Landlord Stéphane C. Lalonde HEARD: By written submissions COSTS ENDORSEMENT [ 1 ] I make no order as to costs in this matter. [ 2 ] I agree that the applicant was required to bring an application for possession of the premises. However, the motion was not completed as I had made an interim ruling requiring further evidence to be produced in order to determine whether I could conclude the matter on the basis of affidavit evidence or whether a trial of an issue would be required. [ 3 ] In the meantime, the respondent quit the premises.

He claimed that he could not remain in possession due to the failure of the landlord to carry out repairs ordered by the Municipality to remove an unsafe situation at the premises. From the materials filed by the respondent, there appears to be some merit in his contention. [ 4 ] The applicant’s position is that it is entitled to its costs because the respondent effectively abandoned the proceeding thereby conceding that the landlord was entitled to possession. [ 5 ] I do not agree with this

interpretation of the respondent’s actions. The respondent appears to have made out a prima facie case that a work order to repair unsafe premises was issued and that the landlord has taken no action to correct the situation. [ 6 ] Given that I have not rendered any final decision on the matter and recognizing the legal complications involved in litigating this matter to completion, I believe it is only fair in all the circumstances to exercise my discretion not to award costs. Annis J. Date: May 17, 2011 CITATION : Gravelle v. Gravelle, 2011 ONSC 1933 COURT FILE NO.: 10-48745 DATE: 2001/05/17

ONTARIO SUPERIOR COURT OF JUSTICE RE: Marc Gravelle, Applicant / Landlord AND Claude Gravelle, Respondent / Tenant BEFORE: Annis J. COUNSEL: Jamie A. Macdonald, for the Applicant / Landlord Stéphane C. Lalonde COSTS ENDORSEMENT Annis J. Released: May 17, 2011