Court File and Parties
COURT FILE NO.: 233/07
DATE: 20070717
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
1145084 ONTARIO INC.
Landlord
(Respondent in Appeal)
- and -
BRIJ MOHAN KATYAL AND RENU KATYAL
Tenants
(Appellants)
John Wenus, for the Landlord/Respondent in Appeal
HEARD at Toronto: July 17, 2007
Oral Reasons for Judgment
LAX J.: (Orally)
[1] This is a motion by the landlord to quash the appeal of the tenants. The tenants were properly served with this motion as appears from the Affidavit of Service filed. They did not appear.
[2] The landlord is owed rent from January 1, 2007. There was a hearing before the Landlord and Tenant Board on April 10, 2007. The tenants did not appear at that hearing. The Board ordered the tenancy between the landlord and the tenants terminated but provided the tenants with some short indulgence with respect to moving out of the rental unit.
[3] The Board also ordered the tenants to pay $2,670.45, representing rent owing and compensation up to April 11, 2007.
[4] There was also further sums of money ordered to be paid for occupation rent as appears from the Decision of the Board issued on April 11, 2007. No monies have been paid on account of rent. The Board’s order was scheduled for enforcement on or before April 23, 2007. The tenants filed this appeal and obtained a Certificate of Stay with respect to the enforcement of the tribunal’s order dated May 8, 2007.
[5] The grounds for appeal do not disclose a question of law. It appears that the tenant is using its statutory right of appeal to remain in the premises rent free. I therefore grant the motion to quash the appeal and lift the stay. The tenants approval of this order is dispensed with.
[6] Costs are fixed at $750.00.
LAX J.
Date of Reasons for Judgment: July 17, 2007
Date of Release: July 18, 2007
COURT FILE NO.: 233/07
DATE: 20070717
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
1145084 ONTARIO INC.
Landlord
(Respondent in Appeal)
- and -
BRIJ MOHAN KATYAL AND RENU KATYAL
Tenants
(Appellants)
ORAL REASONS FOR JUDGMENT
LAX J.
Date of Reasons for Judgment: July 17, 2007
Date of Release: July 18, 2007