Citation: Lannan v. Adams et al., 2011 MBCA 73 Date: 20110830 Docket: AI 11-30-07613 IN THE COURT OF APPEAL OF MANITOBA B E T W E E N : ) G. Lannan and ) R. Ducharme ) on behalf of the Applicant GORDON LANNAN ) ) S. Adams and (Landlord) Applicant ) C. Adams ) on their own behalf ) - and - ) T. D. Gisser ) for the Residential Tenancies ) Commission SCOTT ADAMS and ) CHARMAINE ADAMS ) Chambers motion heard: ) August 25, 2011 (Tenants) Respondents ) ) Decision pronounced: ) August 30, 2011 FREEDMAN J.A. 1 This is an application by the landlord for leave to appeal Order No.

W2011-006329A of the Residential Tenancies Commission (the Commission) made July 18, 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 evidence was that the parties had agreed that storage was included in the rent and thus the tenants were entitled to compensation since the agreed storage was not provided. It made similar findings regarding the laundry. 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.