CITATION: Whitney v. May, 2020 ONSC 5820
DIVISIONAL COURT FILE NO.: 19-00000095
LANDLORD AND TENANT BOARD FILE NO.: SOL-06219-19 DATE: 20200925
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
WILLIAM WHITNEY
Appellant/Moving Party
– and –
D CAMERON MAY
Respondent/Responding Party
Counsel:
W. Gerald Punnett, for the Appellant/Moving Party
Spencer F. Toole, for the Respondent/Responding Party Jason Tam, for Tribunals Ontario, Social Justice Division
HEARD at Toronto (by video conference): September 25, 2020
ORAL REASONS FOR JUDGMENT
d.l. corbett J. (Orally)
1The moving party / respondent landlord sought to schedule a motion to quash this appeal or alternatively lift the stay of the order of Landlord and Tenant Board. I conducted a case management teleconference on August 17, 2020 during which I was advised by counsel for the landlord that the tenant had stopped paying rent and was in substantial errors.
2I established a schedule for the landlord’s motion to quash with a return date on September 25, 2020. The landlord served comprehensive materials. The tenant filed no responding materials. On or about September 24, 2020, the tenant served notice that he is withdrawing his appeal.
3The appeal is dismissed as abandoned. Outstanding rent of September 25, 2020 is fixed at $10,710.17. The stay of the Landlord and Tenant Board’s order is lifted effective immediately. The tenant shall vacate the premises by 12 noon, September 30, 2020. The sheriff is authorized and directed to enforce the eviction order from and after September 30, 2020 at 12 noon.
4There is one complication. The landlord, Mr. May, has sold the unit to another person, Mr. Hutchinson. They are both represented by Mr. Toole. Mr. Punnett argues, with some force and effectiveness, that Mr. May no longer has an interest in the property and so is not entitled to vacant possession. Mr. Hutchinson, who now owns the property, is not a party to these proceedings and is not entitled to the benefit of an order in these proceedings. While Mr. Hutchinson has received an assignment of Mr. May’s entire interest in the property, which would include the eviction order, there is no formal assignment of the Landlord and Tenant Board order.
5Order to go adding Mr. Hutchinson as a respondent landlord. Order to go granting vacant possession effective immediately to both Mr. May and Mr. Hutchinson to effect transfer of vacant possession of the premises to the new owner, Mr. Hutchinson.
6As indicated earlier, the tenant is permitted to stay until 12 noon on September 30, 2020, and after that time the sheriff is authorized and directed to provide vacant possession when the sheriff is able to attend to that matter.
7Costs of today payable by the tenant to Mr May in the agreed amount of $4,000.
d.l. corbett J.
Date of Oral Reasons for Judgment: September 25, 2020
Date of Release: September 28, 2020
CITATION: Whitney v. May, 2020 ONSC 5820
DIVISIONAL COURT FILE NO.: 19-00000095
LANDLORD AND TENANT BOARD FILE NO.: SOL-06219-19 DATE: 20200925
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
WILLIAM WHITNEY
Appellant/Moving Party
– and –
D CAMERON MAY
Respondent/Responding Party
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Oral Reasons for Judgment: September 25, 2020
Date of Release: September 28, 2020