Court File and Parties
CITATION: Lau v. Liu, 2011 ONSC 5433
DIVISIONAL COURT FILE NO.: 331/11
DATE: 20110915
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
SAU KIM LAU Landlord/Respondent in Appeal
– and –
YUXIAO LIU Tenant/Appellant in Appeal
Counsel:
Hue Chung Huong, for the Landord/ Respondent in Appeal
In Person
HEARD at Toronto: September 15, 2011
Oral Reasons for Judgment
DAMBROT J. (orally)
[1] This is a motion brought by the landlord/respondent in the appeal for an order quashing the tenant’s appeal. On June 3, 2011, the Landlord and Tenant Board terminated this tenancy for non-payment of rent and granted the landlord arrears and eviction.
[2] The tenant occupies a unit in a small apartment owned by the landlord. His tenancy is month-to-month. He has not paid rent since December 1, 2010, except for one payment.
[3] He has filed an appeal that raises grounds of appeal that can only be considered bizarre. He says that the landlord, together with the United States and Canadian governments are harassing him. He says that the Tribunal erred in not considering evidence that was not before it and he says that the Tribunal “erred on a de facto marriage in which both parties to a marriage have the obligation for a union.”
[4] While this last ground of appeal seems particularly obtuse, the tenant explained that the landlord is distantly related to him and is therefore responsible for him and must house him despite the fact that he cannot pay the rent.
[5] These grounds of appeal are utterly without merit. The only effect of this notice of appeal is to stay the order of the Tribunal and permit the appellant to put off the fateful day when his free ride will end. In short, it is an abuse of the Court’s process.
[6] The motion is granted and the notice of appeal is quashed. The stay of the order of the Landlord and Tenant Board issued June 3, 2011 is vacated and the tenant’s approval of the order of this Court as to form and content is dispensed with.
COSTS
[7] Costs awarded to the landlord/respondent in the amount of $1,000.00.
DAMBROT J.
Date of Reasons of Judgment: September 15, 2011
Date of Release: September 26, 2011
CITATION: Lau v. Liu, 2011 ONSC 5433
DIVISIONAL COURT FILE NO.: 331/11
DATE: 20110915
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DAMBROT J.
BETWEEN:
SAU KIM LAU Landlord/Respondent in Appeal
– and –
YUXIAO LIU Tenant/Appellant in Appeal
ORAL REASONS FOR JUDGMENT
DAMBROT J.
Date of Reasons of Judgment: September 15, 2011
Date of Release: September 26, 2011