Court File and Parties
CITATION: Sivanadian v. Srikantharajah, 2014 ONSC 195
DIVISIONAL COURT FILE NO.: 454/13
DATE: 20140106
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
RUBAN SIVANADIAN
Tenant
(Appellant)
– and –
INDRADEVI SRIKANTHARAJAH
Landlord
(Respondent)
In Person
Setu N. Purohit, for the Landlord (Respondent)
HEARD at Toronto: January 6, 2014
Oral Reasons for Judgment
LEDERMAN J. (ORALLY)
[1] The landlord seeks a dismissal of the tenant’s appeal and the vacating of the stay of the Landlord and Tenant Board’s Order on the grounds that the appeal discloses no error of law and is without merit.
[2] The tenant sought an adjournment of the motion primarily because he was not given adequate notice of the hearing date and has had some difficulty in contacting Community Legal Services over the holiday period. However, I am satisfied that he was well aware of the landlord’s intention to bring this motion and he just refused to co-operate in having this motion heard. As a result, I decline to grant an adjournment.
[3] The matters raised by the tenant on this appeal all relate to factual findings made by the Landlord and Tenant Board and further considered on review.
[4] The tenant has not paid rent since September, 2012 and his explanation for not doing so, as well as his assertion that he was not served with the N12 Form were found by the Landlord and Tenant Board not to be credible. Further, the tenant on this appeal takes issue with the Board’s finding that there was a legitimate agreement of purchase and sale for the property to a purchaser who was going to occupy it for his own purposes. These are all findings of fact made by the Board; no error of law is raised on this appeal.
[5] Moreover, the appeal is without merit and the landlord continues to suffer prejudice while the Board’s Order is stayed.
[6] Therefore, an order will go dismissing the appeal and vacating the stay of the Board’s Order.
LEDERMAN J.
Date of Reasons for Judgment: January 6, 2014
Date of Release: January 14, 2014
CITATION: Sivanadian v. Srikantharajah, 2014 ONSC 195
DIVISIONAL COURT FILE NO.: 454/13
DATE: 20140106
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN J.
BETWEEN:
RUBAN SIVANADIAN
Tenant
(Appellant)
– and –
INDRADEVI SRIKANTHARAJAH
Landlord
(Respondent)
ORAL REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: January 6, 2014
Date of Release: January 14, 2014