Delaram M. Jafari

The appellant/tenant, Jeffrey Potofsky, brought a motion for an extension of time to file a notice of motion for leave to appeal and for a stay of eviction orders issued by Charney J. The Court of Appeal dismissed the motion, finding that the appellant failed to demonstrate an intention to appeal within the prescribed deadline or provide a satisfactory explanation for the delay.

The court also found significant prejudice to the respondent/landlord due to protracted non-payment of substantial rental arrears.

Furthermore, the proposed appeal was deemed meritless, and the criteria for granting a stay (serious issue, irreparable harm, balance of convenience) were not met.

Costs were awarded to the responding party.

The applicant property owner brought an urgent application to declare the respondent a trespasser and obtain an order for vacant possession.

The respondent claimed to have an oral lease agreement and refused to vacate, preventing the applicant from closing a pending sale of the property.

The court found no evidence of any lease agreement or payment of rent, concluding the respondent moved in without authorization.

The court held that the Residential Tenancies Act did not apply, declared the respondent a trespasser, and ordered her to vacate the premises.