Court File and Parties
COURT FILE NO.: 306/07 DATE: 20070717
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
B E T W E E N:
KORCE GROUP LTD. Landlord/Applicant (Respondent in Appeal)
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MONICA LESLIE Tenant/Respondent (Appellant)
Counsel: L. A. Bleta, for the Landlord/Applicant John Leslie, for the Tenant/Respondent
HEARD at Toronto: July 17, 2007
BEFORE: LAX J. (Orally)
Oral Reasons for Judgment
[1] The landlord seeks an order quashing the appeal. The tenant seeks an adjournment in order to consult with counsel. The landlord opposes an adjournment but if it is to be granted it seeks payment of the arrears in the amount of $5,425.00, plus its costs thrown away for the sheriff and for the Board proceedings in the amount of $480.00.
[2] The tenant has failed to pay rent since January, 2007. On March 29, 2007, the Board issued an order in favour of the landlord. The tenant filed a request to review and an interim stay order was granted on April 17, 2007. On May 3, 2007, a review hearing was held which was disposed of in the landlord’s favour by oral reasons given that day.
[3] The review order dismissing the request to review was not released until May 28, 2007. Throughout this entire period, the tenant paid no rent. When the landlord took steps through the sheriff’s office to enforce the order for possession, the tenant filed the Notice of Appeal. It discloses no question of law and in my opinion has been filed solely for the purpose of obtaining a stay and delaying the landlord.
[4] I do not give effect to the tenant’s request for an adjournment. In my view, this is a further delaying tactic. Mr. Leslie is the tenant’s husband and appeared on behalf of himself and his wife who is the tenant. He told the Court that they have the money to pay the arrears but he provided no reasonable explanation for failing to make any payment towards rent for the last seven months. The Leslies are not entitled to live rent free.
[5] It appears that the tenant engaged in similar conduct with her immediate prior landlord as there is an order of the tribunal dated March 29, 2006, whereby the Leslies consented to an order terminating the tenancy and paying agreed arrears of $10,000.00.
[6] I see no reason to put the landlord to further expense to enforce its right. The appeal is devoid of merit. The motion to quash the appeal is therefore granted. The stay is lifted and may be immediately enforced.
[7] Costs of the motion are fixed in the amount of $600.00. The tenant’s approval of the order is dispensed with.
LAX J.
Date of Reasons for Judgment: July 17, 2007 Date of Release: July 18, 2007
COURT FILE NO.: 306/07 DATE: 20070717
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
B E T W E E N:
KORCE GROUP LTD. Landlord/Applicant (Respondent in Appeal)
- and -
MONICA LESLIE Tenant/Respondent (Appellant)
ORAL REASONS FOR JUDGMENT LAX J.
Date of Reasons for Judgment: July 17, 2007 Date of Release: July 18, 2007