Court File and Parties
DIVISIONAL COURT FILE NO.: 523/23 DATE: 20231025
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: Camille Outar, Moving Party/Appellant AND: Strathgowan Apartments, Respondent
BEFORE: Nishikawa J.
COUNSEL: Camille Outar, in person Kevin A. Kok, for the Respondent
HEARD at Toronto: October 25, 2023
Endorsement
[1]
Background
The Moving Party tenant, Camille Outar, brings a motion for an extension of time to appeal the orders of the Landlord and Tenant Board (“LTB”) as follows: the consent order dated February 2, 2023, the termination order dated June 1, 2023, and the order dismissing her motion to set aside dated July 26, 2023 (together, the “Orders”).
2On February 2, 2023, the parties entered into a consent order before the LTB with a payment schedule for rental arrears. The outstanding arrears were $9,250.36. The monthly rent as of February 1, 2023 was $1,322.56. The tenant was to make certain monthly payments toward the arrears, as well as full monthly rent. The order stated that if the tenant failed to comply with the payment terms, the landlord could apply under s. 78 of the Residential Tenancies Act 2006, S.O. 2006, c. 17 (“RTA”). for an order terminating the tenancy and evicting the tenant without notice to the tenant.
3The tenant paid a total of $6,290 toward the arrears. The tenant failed to make the arrears payments in April and May 2023, and failed to pay monthly rent on May 1, 2023. The arrears owing as of that date were $1,722.11.
4On June 1, 2023, the LTB made an order terminating the tenancy as of June 12, 2023.
5On June 5, 2023, the tenant brought a motion to set aside the termination order pursuant to s. 78(11) of the RTA. The motion was dismissed on July 26, 2023. However, the stay of eviction remained in place until August 31, 2023 to allow the tenant sufficient time to find a new place to live.
6On September 10, 2023, the tenant served a notice of motion for an extension of time to appeal to this court. The tenant was 17 days late in filing a notice of appeal. Since the eviction was ordered, the tenant has not paid any rent or arrears. As of October 31, 2023, the total rental arrears are $6,604.24.
[7]
Resolution
At the hearing of the motion, after hearing the tenant’s submissions, I offered the parties an opportunity to resolve the matter, given the circumstances of the case, where the tenant had made significant efforts to pay the arrears and then experienced various difficulties. The Respondent landlord had also previously demonstrated itself to be responsive to the tenant’s circumstances. The parties were able to reach a resolution.
[8]
Terms of Order
The following terms, as agreed to between the parties, are ordered:
(a) On or before December 11, 2023, Ms. Outar is to pay $4,000.00 toward the rental arrears;
(b) On or before December 31, 2023, Ms. Outar is to pay the remainder of the arrears, in the amount of $2,604.24;
(c) Ms. Outar will pay monthly rent in full and on time for the period during which any arrears remain outstanding (i.e. November and December rent);
(d) In the event of a breach of any of the above terms, the Landlord will provide the court with a draft order lifting the stay of eviction, without the need for a motion. This may be directed to my attention; and
(e) Ms. Outar is to pay $2,500.00 in costs of the motion and appeal, with no interest to apply until on or after January 1, 2024.
9At the hearing, Ms. Outar was advised about the importance of making the payments as agreed and the consequences of failing to do so.
10Given the parties’ resolution, the motion for an extension of time is adjourned. Once the above terms are completed, counsel for the Respondent is to advise the court in writing.
“Nishikawa J.”
Date: October 25, 2023