CITATION: Henry v. Bashar, 2016 ONSC 2614
DIVISIONAL COURT FILE NO.: 114/16
TSL-62983-15 DATE: 20160418
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
VALERIE HENRY
Tenant
(Appellant)
– and –
ABUL BASHAR and SHAMSUN BASHAR
Landlords
(Respondents in Appeal)
In Person
David S. Strashin, for the Landlords (Respondents in Appeal)
HEARD at Toronto: April 18, 2016
M. LINHARES DE SOUSA J. (ORALLY)
[1] The matter before me is a motion brought by the Landlord/Respondents against the Tenant/Appellant to quash the Tenant’s Appeal and to vacate the stay of the Order of the Landlord and Tenant Board, rendered by Vice Chari Carey issued on March 2, 2016.
[2] The Tenant has not filed any response to this motion and has also chosen not to appear on the motion. I am satisfied that the Tenant was properly served with the notice of motion and motion material. Like her conduct in multiple previous proceedings in this matter she has just chosen to not be present.
[3] The grounds for her Appeal of Vice Chair Carey’s decision advanced by the Tenant is that Vice Chair Carey “Committed an error of law by acting bias” against the Tenant.
[4] The decision of Vice Chair Carey is comprehensive and contains a detailed history of the multiple, unsuccessful proceedings brought by the Tenant, including her non-compliance with multiple Court orders to pay rent due to the Landlord.
[5] The Tenant’s Appeal fails to raise any legitimate question of law on which her Appeal can only be based. In light of the history of these proceedings, the Tenant’s Appeal is brought to delay this matter once again. It is devoid of merit and ought to be quashed. The Tenant’s Appeal is quashed. The stay of the Board’s decision issued March 2, 2016 is vacated. The Court Enforcement Office (Sheriff) is directed to enforce the Landlord and Tenant Board’s eviction order for the property, 256 Saint Clarens Avenue, in the City of Toronto, basement unit, forthwith and without further notice to the Tenant.
[6] This order may issue without approval of the Tenant. The Landlord is granted his costs of this motion that I fix at $1,000, inclusive of disbursements and HST.
M. LINHARES DE SOUSA J.
Date of Reasons for Judgment: April 18, 2016
Date of Release: April 19, 2016
CITATION: Henry v. Bashar, 2016 ONSC 2614
DIVISIONAL COURT FILE NO.: 114/16
TSL-62983-15 DATE: 20160418
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
VALERIE HENRY
Tenant
(Appellant)
– and –
ABUL BASHAR and SHAMSUN BASHAR
Landlords
(Respondents in Appeal)
ORAL REASONS FOR JUDGMENT
LINHARES DE SOUSA J.
Date of Reasons for Judgment: April 18, 2016
Date of Release: April 19, 2016