Annex ”A”
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THE HONOURABLE MR. JUSTICE CUMMING ) FRIDAY, THE
) 7th DAY OF
) MARCH, 2008
B E T W E E N:
JAMES FALCONER
Tenant (Appellant)
- and –
THE MANUFACTURERS LIFE INSURANCE COMPANY
Landlord (Respondent)
In the matter of the Residential Tenancies Act, 2006, S.O. 2006, c. 17, section 210
ORDER
THIS MOTION, by the Landlord (Respondent), for an Order quashing the appeal brought by the Tenant (Appellant) and lifting the Certificate of Stay applicable to two Orders of the Landlord and Tenant Board (in File Nos. TSL-07860 and TSL-07860-VO) (the “Motion”), was heard on Friday, March 7, 2008, at 2:30 p.m. at Toronto.
ON READING the Motion Record, Factum and Authorities, correspondence and affidavits filed by the Landlord (Respondent), and on hearing the submissions of counsel for the Landlord (Respondent) and no one appearing for the Tenant (Appellant), although duly served:
THIS COURT ORDERS THAT the Motion is granted and the appeal by the Tenant (Appellant) from the order of the Landlord and Tenant Board (in Board File No. TSL-07860) is quashed.
THIS COURT ORDERS THAT the Motion is granted and the appeal by the Tenant (Appellant) from the order of the Landlord and Tenant Board (in Board File No. TSL-07860- VO)) is quashed.
THIS COURT ORDERS THAT the Certificate of Stay applicable to the Orders of the Landlord and Tenant Board in File Nos. TSL-07860 and TSL-07860-VO is lifted.
THIS COURT ORDERS THAT the Superior Court of Justice Enforcement Office (Sheriff’s Office) be directed to forthwith give vacant possession of Unit 1519 at 44 Charles Street West in Toronto, Ontario, to the Landlord (Respondent) in accordance with Landlord and Tenant Board Order in File No. TSL-07860.
THIS COURT ORDERS THAT costs of the Motion are awarded to the Landlord (Respondent) on a substantial indemnity scale and fixed in the amount of $15,000.00, inclusive of G.S.T. and all disbursements and payable forthwith by the Tenant (Appellant).
The Honourable Mr. Justice Cumming
3766854.1