Court File and Parties
DIVISIONAL COURT FILE NO.: 191/15
#TSL-61001-15
DATE: 20150515
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
MARGUERITE FLORSHAM Respondent
– and –
JEFFREY MASON Appellant
Counsel: Jane L. Ferguson, for the Respondent In Person
HEARD at Toronto: May 15, 2015
Oral Reasons for Judgment
D. L. CORBETT J. (ORALLY)
1Mr. Mason has been “gaming the system” before the Landlord and Tenant Board, formerly to live in premises on Bel Air at $4,750 per month and currently on Inglewood Drive at $3,000 per month. In proceedings in respect to his former tenancy, he requested an adjournment at the hearing and, receiving no response, presumed it had been granted and had not attended the Landlord and Tenant Board. When the Landlord and Tenant Board proceeded in his absence, he then proceeded in this Court on the basis of a denial of natural justice. He settled that matter and then did not pay that settlement and moved to his current location. He told his current landlord that he had sold his property on Bel Air. In his current tenancy he is seriously in arrears of rent. The landlord proceeded before the Landlord and Tenant Board. Again, Mr. Mason sought an adjournment from the Landlord and Tenant Board, did not receive a response, assumed his request had been granted and once again the Landlord and Tenant Board proceeded in his absence.
2In this appeal Mr. Mason again raises a breach of natural justice because the Board proceeded in his absence. I asked Mr. Mason what his defence would have been before the Board – his response was that he would have negotiated a payment plan. Today he seeks an adjournment before me to obtain counsel to negotiate a payment plan.
3Rental arrears are currently $15,000 in this tenancy. I indicated that I would consider an adjournment if the arrears were secured immediately. Mr. Mason said it would take him a few weeks to come up this kind of money.
4Mr. Mason is presentable and articulate. His tone was contrite and reasonable. It is easy to see why people trust him. On the basis of his recent history as a tenant there is no basis to adjourn this matter. Every day that goes by will see further accrual of rental arrears, almost certainly uncollectable. Mr. Mason is gaming the system and this Court will not facilitate that conduct. The adjournment is denied and the appeal is quashed.
5I am advising Mr. Mason that he may seek a review of this order, that the Landlord and Tenant Board order is not stayed pending any review of this order, that the price of the stay pending review of this order, in these circumstances, would ordinarily be payment into Court or to the landlord in certified funds of all arrears and subsequent payment of rent as it falls due.
6I have signed the order requested by the landlord that makes it clear that this decision:
(a) applies to both the order and the amended order of the Landlord and Tenant Board;
(b) amends the title of proceedings as requested by the landlord;
(c) quashes the appeals;
(d) lifts the stays; and
(e) directs the sheriff to enforce the Landlord and Tenant Board orders.
COSTS
7Costs to the landlord fixed at $3,000 inclusive, payable immediately.
D. L. CORBETT J.
Date of Reasons for Judgment: May 15, 2015
Date of Release: May 15, 2015
CITATION: Florsham v. Mason, 2015 ONSC 3147
DIVISIONAL COURT FILE NO.: 191/15
#TSL-61001-15
DATE: 20150515
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
MARGUERITE FLORSHAM Respondent
– and –
JEFFREY MASON Appellant
ORAL REASONS FOR JUDGMENT
D. L. CORBETT J.
Date of Reasons for Judgment: May 15, 2015
Date of Release: May 15, 2015