Citation: Zwicker v. 6575 Halsey Inc., 2015 ONSC 2764
DIVISIONAL COURT FILE NO.: 370/14 #TSL-53270-14-SA and #TSL-53270-14-SA-RV DATE: 20150427
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
KELLEY ZWICKER Tenant (Appellant/Responding Party)
– and –
6575 HALSEY INC. Landlord (Respondent/Moving Party)
No One Appearing, for the Tenant (Appellant/Responding Party) Mark W. Melchers, for the Landlord (Respondent/Moving Party)
HEARD at Toronto: April 27, 2015
THEN J. (ORALLY)
[1] The tenant, who is the responding party has not appeared but has notified the Court that she has medical appointments for what appears to be a serious medical condition which requires her to seek an adjournment to May 26, 2015. The landlord opposes this request although a consent was given to a previous adjournment request based on her health.
[2] The moving party seeks to quash the appeal on the basis that the grounds raised are frivolous, vexatious and devoid of merit brought primarily to delay eviction.
[3] The tenant has accumulated arrears of rent from September 1, 2013. The Landlord and Tenant Board has made several orders terminating the tenancy and ordering eviction for non-payment of rent and arrears. The Board has also made several orders setting aside these orders of eviction and installing a repayment scheme. These latter orders have all been breached and the tenant now appeals the latest order refusing to grant relief from eviction. At present the record reveals that the tenant owes in excess of $13,000 in arrears of rent and has not paid any rent since May, 2014.
[4] Based on the submissions of counsel for the moving party and in view of the health issues of the tenant, I adjourn this matter to May 26, 2015 at 10:00 a.m. on the following terms:
(1) The adjournment is peremptory to the tenant;
(2) The tenant is to pay $2,000 in certified funds constituting $848 for rent for the month of May 2015 and $1,152 for arrears of rent no later than May 19, 2015, failing which the landlord may move without notice before the Registrar of the Court and upon affidavit evidence of non-compliance to have the Registrar lift the stay of the eviction order. Approval as to the form and content by the moving party of the form of the order is dispensed with.
COSTS
[5] I am inclined to reserve the costs of today to the hearing of the main motion if that should transpire.
[6] I have endorsed the Notice of Motion, “Order to go in terms of the oral reasons given by the Court this day. The matter is adjourned to May 26, 2015 on terms specified. Costs of today reserved to the hearing of the motion to quash.”
___________________________ THEN J.
Date of Reasons for Judgment: April 27, 2015
Date of Release: April 29, 2015
CITATION: Zwicker v. 6575 Halsey Inc., 2015 ONSC 2764
DIVISIONAL COURT FILE NO.: 370/14 #TSL-53270-14-SA and #TSL-53270-14-SA-RV DATE: 20150427
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
KELLEY ZWICKER Tenant (Appellant/Responding Party)
– and –
6575 HALSEY INC. Landlord (Respondent/Moving Party)
ORAL REASONS FOR JUDGMENT
THEN J.
Date of Reasons for Judgment: April 27, 2015
Date of Release: April 29, 2015