CITATION: Khamis v. Smith, 2012 ONSC 530
DIVISIONAL COURT FILE NO.: 594/11
DATE: 20120120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
NOOREZ KHAMIS
Landlord
(Respondent in Appeal)
– and –
JENNIFER SMITH
Tenant
(Appellant)
David S. Strashin, for the Landlord (Respondent in Appeal)
In Person
HEARD at Toronto: January 20, 2012
HARVISON YOUNG (orally)
[1] Ms. Smith filed no materials on the motion. It is not clear at this point that the appeal is so clearly devoid of merit that it should be quashed without a hearing on the merit. It is for the panel hearing the appeal to determine its merits. It is enough now to ensure that the applicant, who acknowledges owing rent does not continue to live rent free during the appeal.
[2] Ms. Smith submits that she is entitled to some abatement of rent justifying her non-payment. Her tenant application was, however, dismissed as abandoned. Given this fact as well as the procedural history outlined in the materials filed, I see no basis not to require the arrears to be brought up-to-date immediately as a term of continuing the stay and permitting the appeal to continue.
[3] Accordingly, the tenant shall, by January 31, 2012 pay all arrears owing in the amount of $15,250.00, payable by certified cheque or bank draft and shall continue to pay the landlord $3,050.00, payable by certified cheque or bank draft on the first day of each month as provided for in the lease. All amounts which I have found to be payable are to be delivered again by certified cheque or bank draft to Mr. Strashin’s office by the dates set out above. Failing compliance with either of these terms the landlord may move without notice before the Registrar and upon affidavit evidence of non-compliance, the Registrar shall dismiss the appeal and lift the stay and the order of the Tribunal should be enforced.
[4] Costs ordered in the amount of $1,500.00 payable forthwith.
HARVISON YOUNG J.
Date of Reasons for Judgment: January 20, 2012
Date of Release: January 26, 2012
CITATION: Khamis v. Smith, 2012 ONSC 530
DIVISIONAL COURT FILE NO.: 594/11
DATE: 20120120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HARVISON YOUNG J.
BETWEEN:
NOOREZ KHAMIS
Landlord
(Respondent in Appeal)
– and –
JENNIFER SMITH
Tenant
(Appellant)
ORAL REASONS FOR JUDGMENT
HARVISON YOUNG J.
Date of Reasons for Judgment: January 20, 2012
Date of Release: January 26, 2012