CITATION: Ghasempor v. Thavarajah, 2024 ONSC 2520
DIVISIONAL COURT FILE NO.: 635/23
LTB FILE NO. LTB-L-031458-22
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
BETWEEN: ALI GHASEMPOR, Tenant/Appellant
AND:
ARCHINY THAVARAJAH, Landlord/Respondents
BEFORE: Leiper J.
COUNSEL: Ali Ghasempor Self represented and acting in person
Guramrit Singh Lamba, Lawyer for the Defendant, Archiny Thavarajah
HEARD: In writing May 2, 2024
AMENDED ENDORSEMENT
Introduction
1These are reasons on a motion brought by the landlord, Mr. Thavarajah to lift a stay of eviction in this appeal by the tenant, Mr. Ghasempor.
2On Monday January 29, 2024, I issued case management directions following a case conference which stated as follows:
(a) The parties attended for a case conference today at which ongoing issues and solutions were discussed for the services that are part of this tenancy (a functional stove, access to the internet, heat and access to laundry facilities)
(b) I have also underlined the importance of the tenant making his rental payments on a timely basis as a condition of staying the eviction order.
(c) I confirm that the schedule in place as of December 21, 2024 will continue and the parties are to follow it.
(d) Mr. Ghasempor must make a payment towards his February rent of $500 on or before February 15, 2024, and begin paying monthly rent in full on March 1, 2024 of $1,000. He will also begin making payments toward the arrears owing on the unit as of April 1, 2024 in the amount of $2,000.
(e) I note that Mr. Ghasempor had earlier promised to start paying his rent on February 1, 2024. He must have known he could begin doing so, but as of today says that he cannot do so. He must show some good faith by making the first payment of $500 on February 15, 2024. This is a critical first payment and he must make this a priority. The court will not permit its process to be abused, and the arrears in this matter are significant.
(f) Failure to make any of these payments will entitle the landlord to move before me in writing, with a supporting affidavit to lift the stay of proceedings.
3On April 5, 2024, the landlord filed an affidavit in which he swore that the tenant failed to make the required payments toward rent and arrears to maintain the stay of eviction, for the month of April.
4On April 10, 2024, I issued directions as follows:
(a) The tenant in this case was directed to begin paying the arrears of rent in the amount of $2,000 as of April 1, 2024. The landlord has provided an affidavit that the tenant has not paid total rent plus arrears of $3,000 on April 1, 2024 as required.
(b) The landlord seeks an order lifting the stay pending the appeal.
(c) The tenant will have 7 days to either bring the rent plus arrears into good standing, or to respond to the motion to lift the stay, in writing and with an affidavit of any evidence which he wishes the court to consider for the motion. He should remember that it is his obligation to pay rent pending any appeal and that the directions of the court are to be followed.
5The Tenant responded with an affidavit dated April 12, stating that on March 1, 2024, he made a new arrangement with the landlord to pay $1,000 towards his rent on April 1, 2024, and that he would increase his arrears payments in June. He alleged that the landlord refused to accept $1,000 and demanded payment of $3,000. The tenant submits that it is improper for the landlord to move to lift the stay in these circumstances, having agreed to accept payment toward the arrears at a later date.
6The new arrangement described by the tenant was not brought to the court for approval, nor is it supported by any written agreement with the landlord.
7Based on the tenant’s assertion, I directed the parties as follows:
(a) The tenant alleges that there was an agreement between himself and the landlord to modify the terms of the court's direction for the payment of arrears pending this appeal.
(b) The court did not approve such an arrangement and other than the tenant's assertion that there was such an agreement, has not presented in writing any such agreement on the part of the landlord.
(c) If the tenant does not bring his arrears into good standing by April 26, 2024, or file material in response to the landlord's motion, I will rule on the landlord's motion to lift the stay.
8The tenant did not bring the arrears into good standing. He filed an affidavit on April 26, 2024, in which he described his attempt to pay $1,000 in rent, no longer relied on his prior submission that there was a new payment arrangement agreed to by his landlord. Instead, his affidavit makes a new proposal based on his projected income.
9The landlord also filed an affidavit. He denied any new arrangement. The landlord is concerned that the tenant will continue to avoid making payments toward the arrears and will not follow the directions of the court.
10I find that the tenant has failed to make the payments required and attempted to mislead the court as to a new arrangement with the landlord. He was given time to make payments towards the arrears and has not complied.
11This court has emphasized that the obligation to pay rent is fundamental. The court will require payment of rent as directed pending an appeal where a tenant has the benefit of a stay of an eviction order. This provides fairness to both parties and ensures that appeal rights are meaningful. The same holds for directions of the court. These directions are only meaningful if they are enforced.
12I have provided the tenant with the opportunity to explain or meet the payment directions in place. He has done neither. He has attempted to rely on a non-existent new payment arrangement, which he has now retracted after the landlord objected. I am not satisfied that the tenant will meet his obligations. I conclude that the stay should be lifted as a result.
13I order that the stay of eviction be lifted, effective on Tuesday May 21, 2024. The landlord may provide an order in those terms for my signature, without the necessity of the tenant agreeing as to form and content.
Leiper J.
Date: May 2, 2024