DIVISIONAL COURT FILE NO.: 80/14
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
MANOHARAN SUBRAMANIAM Landlord (Respondent in Appeal)
– and –
CHRISTOPHER LANCELOTTE and NINA SIMONE WILLIS Tenants (Appellants)
COUNSEL:
David S. Strashin, for the Landlord (Respondent in Appeal)
Nina Simone Willis, In Person
Brian A. Blumenthal, for the Landlord and Tenant Board
HEARD at Toronto: October 3, 2014
Oral Reasons for Judgment
D. BROWN J. (orally)
Overview
1The landlord, Manoharan Subramaniam, moves to quash the appeal of the appellant tenants, Christopher Lancelotte and Nina Simone Willis, from the January 17, 2014 decision of the Landlord and Tenant Board terminating the tenancy and evicting the appellants for persistently failing to pay rent when due. The tenants’ appeal recently was perfected and is scheduled to be heard on February 11, 2015.
2The landlord filed evidence that the tenants had not paid any rent for the period March 6, 2014 to date. The landlord deposed that $11,200 in rent is now outstanding. Counsel for the Landlord and Tenant Board advised that since March, 2014, the tenants have paid to the Board $5,600 for rent due since March, 2014. The monies have been paid to the credit of a tenants’ application now before the Landlord and Tenant Board which was heard last Friday and which is under reserve.
Disposition
3At this time, on the limited materials before me, it is not clear that the appeal is so devoid of merit that it should be dismissed. However, the tenants have an ongoing obligation to pay rent. Therefore, the motion to quash is dismissed on the following terms:
(i) The tenants shall pay the landlord’s counsel rent of $5,600.00 by 12 noon on Friday, October 17, 2014 by certified cheque or money order in respect of the period March to September, 2014;
(ii) The tenants shall pay rent of $1,600.00 to the landlord’s counsel on an on-going basis on the 6th day of each month, including October, 2014, by certified cheque or money order; and,
(iii) If the tenants fail to comply with any of those requirements, the landlord may move without notice before the Registrar of this Court, and upon the receipt of affidavit evidence of non-compliance with the terms of this Order, the Registrar shall dismiss the appeal and lift the stay, and the order of the board shall be restored.
4I dispense with the need to obtain the approval of the form and content of this order from the tenants.
Costs
5The costs of this motion are reserved to the hearing of the appeal.
D. M. BROWN J.
Date of Reasons for Judgment: October 3, 2014
Date of Release: October 6, 2014
CITATION: Subramaniam v. Lancelotte, 2014 ONSC 5802
DIVISIONAL COURT FILE NO.: 80/14
DATE: 20141003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D. M. BROWN J.
BETWEEN:
MANOHARAN SUBRAMANIAM Respondent (Moving Party)
– and –
CHRISTOPHER LANCELOTTE and NINA SIMONE WILLIS Appellants (Responding Parties)
ORAL REASONS FOR JUDGMENT
D. M. BROWN J.
Date of Reasons for Judgment: October 3, 2014
Date of Release: October 6, 2014