Young v. CRC Self Help, 2020 ONSC 1715

D.L. Corbett J.:

1This motion came on on short notice. I appreciate the spirit of cooperation of all counsel in moving forward promptly so that the court may address the issue on the merits during the difficult circumstances of a suspension of normal court activities because of the COVID-19 situation.

2CRC Self Help, the Landlord, through its counsel, confirms that the unit has not been re-rented. At my request, through its counsel, it has undertaken (a) not to re-lease the premises; and (b) not to give possession of the premises, pending final determination of the tenant’s motion to be restored to the premises, or further court order.

3The motion is adjourned to Tuesday March 24, 2020, be teleconference. Divisional Court staff will alert counsel by email of the call-in particulars for the hearing.

4Mr Toole will try to get a sworn version of the affidavit on behalf of his client to appellant’s counsel and the court as soon as he reasonably can. The court has advised him that it would be best if this could be transmitted to court staff by email by miad-afternoon on March 23rd, if possible. If it does not prove to be possible to opbtain a sworn affidavit before the time of the hearing, counsel may arrange to have his affiant on the teleconference, and she may then swear or affirm to the truth of the contents of her affidavit, in lieu of filing a sworn affidavit.

5The appellant may file reply materials on the basis that the unsowrn affidavit circulated already will be the respondent’s evidence on the motion.

6There shall be no cross-examinations, unless the court directs otherwise on March 24th.

7I am not seized.

8This endorsement, as transmitted to the parties from the Divisional Court email address, has the status of an order, even though a formal order has not yet been issued and entered by the court.

9This teleconference was not recorded. The hearing on the merits should be recorded by the presiding Justice, and the parties have been so advised.