COURT FILE NO.: 244/05
DATE: 20080304
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
KONSTANTIN BEKARDJIEV
Joseph Kary, for the Landlord (Respondent in Appeal)
Landlord (Respondent in Appeal)
- and -
CATHERINE MacLEAN
Kerry Gearin, for the Tenant (Appellant)
Tenant (Appellant)
Heard: October 3, 2007
Ellen Macdonald J.
REASONS FOR DECISION
[1] This matter was heard by a Divisional Court Panel. Its reasons were released on July 10, 2006. The Court heard the tenants’ appeal from the decision of the Ontario Rental Housing Tribunal granting the landlord’s application to terminate the tenancy. The Tribunal found that the landlord in good faith required possession of the rental unit for the purpose of residential occupancy by the landlord pursuant to s. 51 of the Tenant Protection Act, 1997, s.o. 1997, c. 24.
[2] The reasons of the Divisional Court panel are contained in the record.
[3] In this motion the landlord seeks an order extending the time for enforcement of the eviction order made by this court on July 10, 2006. The landlord also seeks a direction from this court that the Court Enforcement Office (Sheriff) enforce the eviction order on a priority basis. Costs are also sought.
[4] Orders of the Ontario Rental Housing Tribunal are enforceable for 6 months after their date. The Divisional Court upheld the order of evicting the tenant. The tenant sought leave to appeal first to the Court of Appeal and then to the Supreme Court of Canada. The tenant displayed great temerity in her efforts to resist or obstruct her eviction. I do not overlook a remark made by Ms. Gearin (during submissions) that the rental unit is located in a “toney” area of Bloor West Village and that the monthly rent is significantly below the market value of comparable rental units in the same area.
[5] The various appeals of the Divisional Court’s order were frivolous and vexatious. They were made by the tenant to avoid the enforcement of the Tribunal’s order.
[6] I do not accept the tenant’s allegation that the landlord is acting in bad faith. His reasons for wishing to terminate the tenancy are amply displayed in the record of these proceedings.
[7] The tenant has pursued every possible legal means to resist eviction. This Court has granted her leniency in the time required to pursue her remedies. An order shall go terminating the tenancy forthwith. A writ of possession shall issue forthwith but is not to be enforced prior to May 1, 2008.
[8] Costs of this application are to the Landlord.
Ellen Macdonald J.
Released: March 4, 2008
COURT FILE NO.: 244/05
DATE: 20080304
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
KONSTANTIN BEKARDJIEV
Landlord (Respondent in Appeal)
- and -
CATHERINE MacLEAN
Tenant (Appellant)
REASONS FOR DECISION
Ellen Macdonald J.