Citation: Roy v. Graham et al., 2011 MBCA 72 Date: 20110830 Docket: AI 11-30-07611 IN THE COURT OF APPEAL OF MANITOBA B E T W E E N : URBAIN CHARLES ROY ) U. C. Roy ) on his own behalf (Landlord) Applicant ) ) T. D. Gisser ) for the Residential Tenancies - and - ) Commission ) ) Chambers motion heard: CANDACE GRAHAM and ) August 25, 2011 ROBERT WAIT ) ) Decision pronounced: (Tenants) Respondents ) August 30, 2011 FREEDMAN J.A. 1 This is an application by the landlord for leave to appeal Order No.

W2011-004480A of the Residential Tenancies Commission (the Commission) made July 13, 2011, pursuant to s. 175(2) of The Residential Tenancies Act , C.C.S.M., c. R119 (the Act ). 2 Leave to appeal may only be granted on a question of law or jurisdiction. In addition, the applicant must demonstrate that he has an arguable case on the merits which has a reasonable prospect of success, that the question is not intertwined with factual determinations made by the Commission and that the question involves a matter of public interest of sufficient importance to warrant consideration by the court.

See Edison Rental Agency v. Klippenstein , 2011 MBCA 3 at para. 7 . 3 After a hearing at which both parties gave evidence, the Commission made certain factual findings. It found that the tenants’ claim for compensation for delay was corroborated by the evidence, and that the landlord disregarded repairs he was reasonably obligated to make. It awarded compensation. It rejected the tenants’ claim for property damages and medical expenses. 4 On the evidence before it, the Commission was entitled to make the findings that it made and reach the conclusion that it reached.

Its decision is based on the facts which it accepted. The landlord has not identified any question of law or jurisdiction that would warrant the granting of leave to appeal. 5 Accordingly, leave is denied. I make no order as to costs. __________________________ J.A.