Court File and Parties
COURT FILE NO.: 379/05 DATE: 20051117
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
B E T W E E N:
FRANK CHONG Landlord (Respondent in Appeal)
- and -
JOSEPH CASTIGLIONE Tenant (Appellant)
Counsel: David S. Strashin, for the Landlord No One Appearing
HEARD: November 17, 2005
Oral Reasons for Judgment
LANE J.: (Orally)
[1] Mr. Strashin had conversations with the lawyer for the tenant about an adjournment on terms but no agreement was reached. The tenant is not paying rent.
[2] No question of law appears to be raised by the Notice of Appeal. The issue of section 84 is referred to in the reasons.
[3] The tenant asserted in the Notice of Appeal that he was able to pay the arrears at once, but he has not done so to date and is not paying current rent.
[4] In the circumstances, I am of the view that the stay of the Order of the Ontario Rental Housing Tribunal should be lifted and the landlord permitted to execute on the Order of the Tribunal to evict the tenant unless the tenant pays the arrears and current rent into Court on or before November 30, 2005, together with $500 for the costs of this motion. If these sums are paid as aforesaid, the stay will remain in place. Consent of tenant to the form of the Order is dispensed with.
[5] I have endorsed the record: “If these sums are paid as aforesaid, the stay will remain in place. If not, the appeal is quashed. Consent of the tenant to the form of the Order is dispensed with. Service by delivery of the Order of the Court to the apartment of the tenant and by mail to Mr. Kerry, solicitor, 90A Isabella Street, Toronto.”
LANE J.
Date of Reasons for Judgment: November 17, 2005 Date of Release: December 1, 2005
COURT FILE NO.: 379/05 DATE: 20051117
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
B E T W E E N:
FRANK CHONG Landlord (Respondent in Appeal)
- and -
JOSEPH CASTIGLIONE Tenant (Appellant)
ORAL REASONS FOR JUDGMENT
LANE J.
Date of Reasons for Judgment: November 17, 2005 Date of Release: December 1, 2005