Court File and Parties
COURT FILE NO.: 287/08
DATE: 20090122
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DEBORAH HUGHES Appellant (Tenant)
- and -
TRANSGLOBE PROPERTY MANAGEMENT SERVICES INC. Respondent (Landlord)
Counsel: In Person Kristin Carnie, for the Respondent (Landlord)
HEARD at Toronto: January 22, 2009
Oral Reasons for Judgment
JANET WILSON J.: (Orally)
[1] The tenant has reconsidered her position and is now prepared to pay rent on a go-forward basis from January 1, 2009 until the appeal is heard. The tenant must comply with the following conditions, and if she complies, the requested extension for time to appeal is granted:
(i) The tenant shall pay rent for January 1, 2009 and February 1, 2009 in the amount of $608.40 per month (for a total of $1,216.80 due) and shall file proof of payment with the Divisional Court office by no later than February 2, 2009. If proof of payment by way of certified cheque or money order is not provided, the appeal is dismissed.
(ii) The tenant shall file proof with the Divisional Court by February 2, 2009 that she has ordered the transcripts for the appeal and has paid the necessary deposit.
(iii) The tenant shall pay March 1, 2009 rent in the amount of $608.40 when due and shall provide proof to the Divisional Court office prior to the hearing that it has been paid.
(iv) On the condition that these conditions (i) to (iii) above are met, the appeal shall be heard on March 31, 2009, 1-1/2 hours on an expedited basis.
(v) In the interim, there shall be no further motions brought by the tenant without leave of the Court.
(vi) If these conditions are not met, counsel for the landlord may file a short affidavit confirming the failure to meet any of these conditions with the Divisional Court and the file will be brought to my attention. If any of the conditions are not met, the appeal will be dismissed without notice to the tenant or any further court appearances.
(vii) In the interim, the landlord agrees not to enter the tenant’s apartment.
JANET WILSON J.
Date of Reasons for Judgment: January 22, 2009
Date of Release: February 3, 2009
COURT FILE NO.: 287/08
DATE: 20090122
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DEBORAH HUGHES Appellant (Tenant)
- and -
TRANSGLOBE PROPERTY MANAGEMENT SERVICES INC. Respondent (Landlord)
ORAL REASONS FOR JUDGMENT
JANET WILSON J.
Date of Reasons for Judgment: January 22, 2009
Date of Release: February 3, 2009