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COURT OF APPEAL FOR ONTARIO

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					                                                        Court of Appeal File No.
                                                          Court File No. DC-0500486-00

                      COURT OF APPEAL FOR ONTARIO
BETWEEN:


      ROBERT PUTNAM, RAY & NAN MILLARD, BELWOOD LAKE COTTAGERS’
      ASSOCIATION INC. AND CONESTOGO LAKE COTTAGERS’ ASSOCIATION

                                                                            Applicants
                                                               (Respondents on Appeal)

                                            -and-


                    GRAND RIVER CONSERVATION AUTHORITY

                                                                            Respondent
                                                                             (Appellant)



                   NOTICE OF MOTION FOR LEAVE TO APPEAL

       GRAND RIVER CONSERVATION AUTHORITY (the “GRCA”), will bring a
motion to the Court of Appeal for Ontario 36 days after service of the motion record and
factum of the GRCA or on the filing of the reply factum of the GRCA, if any, whichever is
earlier, on such date and in such manner as may be directed by the Court at Osgoode
Hall, 130 Queen Street, Toronto, Ontario.


       PROPOSED METHOD OF HEARING: The Motion is to be in writing.


       THE MOTION IS FOR:


(a)    an order granting leave to appeal to the Court of Appeal for Ontario from the
       Order of the Divisional Court made January 17, 2006 dismissing the appeal of
       the GRCA (the “Divisional Court Appeal”) from the order of the Ontario Rental


                                                    1
      Housing Tribunal (the “Tribunal”) dated April 1, 2005 in respect of a hearing held
      on March 2 and 3, 2005 (the “Tribunal Hearing”)


(b)   an order seeking to expedite this leave application and an order expediting the
      appeal if leave is granted;


(c)   costs of this motion on a substantial indemnity basis; and


(d)   such further and other relief as counsel may advise and this Honourable Court
      deem just.


      THE GROUNDS FOR THE MOTION ARE:


1.    There is good reason to doubt the correctness of the Order in question and the
      appeal involves a matter of such public importance that leave to appeal ought to
      be granted;


2.    There are conflicting decisions of the Divisional Court involving the interpretation
      of s. 3(a) of the Tenant Protection Act (the “TPA”) that require clarification by this
      Honourable Court;


3.    The Divisional Court erred in finding that the Divisional Court Appeal did not
      involve a question of law alone;


4.    The Divisional Court further erred in affirming:


         a. the conclusion of the Tribunal that:


                   i. the TPA applies to the applicants’ occupation of their cottages
                     situated along the shorelines of Belwood Lake and Conestogo Lake
                     on land leased from the GRCA; and

                                            2
      ii. the applicants’ occupation of their cottages does not fall within
          section 3(a) of the TPA (which section exempts certain living
          accommodations from the application of the TPA);


b. the application by the Tribunal of section 3(a) of the TPA given the
   Tribunal’s findings of fact that:


       i. “the properties involved in the Application were originally part of a
          “cottage lot programme” and, as such, began their incarnation as
          'cottages'”;


      ii. “the homes involved are not now “small houses” but they remain
          cottages. They are used by most of the Applicants as such, for
          summer holidays, for special family events at other holiday times,
          as retreats and “get-aways” for the owners and their extended
          families”;


      iii. the “residences…are owned by the individual Applicants, who, from
          the beginning, knew the residence would be used as a cottage, a
          place to go to from their primary residence”;


      iv. “[t]he leases have underlined this “cottage” use, with its lack of
          permanence. The Conservation Authority has been clear that it
          wished to deal with people who are using their home as a non-
          permanent residence. They want to be able to assure the local
          municipalities that the community of homes on each of their lakes
          will not interfere with the local zoning bi-laws”; and


      v. “the [cottagers] clearly are temporary residents, occupying their
          living accommodation from time-to-time”; and

                                   3
        c. the interpretation of the Tribunal:


                 i. of section 3(a) of the TPA resulting in the conclusion that the listing
                   of living accommodations in section 3(a) “represent accommodation
                   for travellers, for vacationers, for anyone who needs temporary
                   accommodation provided by someone other than themselves”;


               ii. of “seasonal or temporary” in section 3(a) of the TPA resulting in
                   the failure to conclude that “seasonal or temporary” is meant to
                   capture situations where the living accommodation is not used on a
                   permanent basis as a principal residence;


              iii. of “cottage or cabin establishment” in section 3(a) of the TPA
                   resulting in the conclusion “that the phrase "in a ... cottage or cabin
                   establishment" in section 3(a) should be interpreted to mean that
                   the grouping of cottages or cabins (the establishment) available as
                   seasonal or temporary accommodation is analogous to the rooms
                   in a hotel or a motel, or the rooms in a "bed and breakfast" or inn,
                   or the sites at a campground or in a trailer park, available as living
                   accommodation to be occupied for a seasonal or temporary
                   period”; and


              iv. of “occupied for a seasonal or temporary period in a…cottage or
                   cabin establishment” in section 3(a) of the TPA by reading into that
                   section that such living accommodation is provided to the occupier;


5.   In the alternative, the Divisional Court further erred in not concluding that the
     settlements mediated under section 181 of the TPA on February 9, 2000 (the
     “Mediated     Settlements”)    barred       the   applicants   from   commencing   the
     applications to the Tribunal during the term of the Mediated Settlements.

                                             4
6.    Rules 1.04(1), 2.01(1), 61.03.1 of the Rules of Civil Procedure;


7.    Courts of Justice Act, R.S.O. 1990, c. 43, s. 6(1)(a).


8.    Such further and other grounds as counsel may submit and this Honourable
      Court permit.


      THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of
the motion:


1.    The Motion Record of the GRCA;


2.    The transcript of the Tribunal Hearing and the exhibits at the Tribunal Hearing;


3.    The Order of the Divisional Court dated January 17, 2006;


4.    The endorsement of the Divisional Court dated January 25, 2006; and


5.    Such further and other material as counsel may submit and this Honourable
      Court permit.


February 1, 2006                         GOWLING LAFLEUR HENDERSON LLP
                                         Barristers & Solicitors
                                         Suite 1600, 1 First Canadian Place
                                         100 King Street West
                                         Toronto, ON M5X 1G5

                                         Heath P.L. Whiteley (LSUC #38528P)
                                         Direct Line: (416) 862-4400
                                         Facsimile    (416) 863-3403

                                         Solicitors for Grand River Conversation
                                         Authority


                                            5
TO:       AIRD & BERLIS LLP
          BCE Place
          Suite 1800, Box 754
          181 Bay Street
          Toronto, ON M5J 2T9

          Robert Doumani
          416-863-1500
          416-863-1515 (fax)

          Solicitors for the Applicants
          (Respondents on Appeal)


AND TO:   MINISTRY OF THE ATTORNEY GENERAL
          Ontario Rental Housing Tribunal
          Legal Services Branch
          777 Bay Street, 12th Floor
          Toronto, ON M5G

          Marijana Brala
          416-585-6087
          416-585-7212 (fax)




                                          6
                                              Court of Appeal File No.
                                                Court File No. DC-0500486-00
BETWEEN:


ROBERT PUTNAM, et al                - and -   Grand River Conservation Authority
Applicants(Respondents on Appeal)             Respondent(Appellant)




                                                 COURT OF APPEAL FOR
                                                      ONTARIO

                                              Proceeding commenced at Toronto


                                               NOTICE OF MOTION FOR LEAVE TO
                                                          APPEAL


                                              GOWLING LAFLEUR HENDERSON LLP
                                              Barristers & Solicitors
                                              Suite 1600, 1 First Canadian Place
                                              100 King Street West
                                              Toronto, Ontario M5X 1G5

                                              Heath P.L. Whiteley
                                              (416) 862-4400 (DD)
                                              L.S.U.C. Registration No. 38528P
                                              Tel: (416) 862-4400
                                              Fax:(416) 863-3403

                                              Solicitors for Grand River Conversation
                                              Authority
TOR_LAW\ 6227010\1

				
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