Court File and Parties
Citation: Mao v. Liao, 2024 ONSC 2551 Divisional Court File No.: 050/24 Date: 2024-05-01 Superior Court of Justice – Ontario Divisional Court
Re: Yucheng Mao, Appellant/Respondent on Motion And: Pi-Yun Liao, Respondent on Appeal /Moving Party
Before: Davies J.
Counsel: Yucheng Mao, self-represented Arvin Ross, for the Respondent/Moving Party
Heard: In chambers, in writing
Endorsement
[1] The Landlord and Tenant Board terminated Mr. Mao’s tenancy for non-payment of rent and ordered that he vacate his rental premises (which is owned by Ms. Liao) by October 16, 2023. The Board found Mr. Mao owed more than $62,000 in rental arrears. Mr. Mao asked the Board to reconsider its decision and on January 18, 2024, his request for reconsideration was dismissed.
[2] Mr. Mao appealed the Board’s decisions to this court and obtained a certificate of stay of the eviction order pending the hearing of his appeal.
[3] On February 21, 2024, I ordered Mr. Mao to pay his monthly rent pending his appeal. At that point, Mr. Mao had not paid rent since November 2019. I also ordered Mr. Mao to pay $1,350 towards the arrears each month until his appeal was decided.
[4] Mr. Mao did not comply with my order and on April 16, 2024, I granted the landlord’s motion to lift the stay of the Board’s order: Mao v. Liao, 2024 ONSC 2175.
[5] In my reasons for lifting the stay, I wrote as follows:
Mr. Mao is, of course, entitled to continue his appeal even if the eviction is carried out. However, for his appeal to proceed on May 13, 2024 as scheduled, Mr. Mao must advise the landlord and the court, by email, no later than 5:00 pm April 29, 2024, if he intends to continue with this appeal. If Mr. Mao fails to comply with this condition, the appeal will be dismissed on request of the landlord by email.
[6] Mr. Mao has, once again, failed to comply with this court’s order. He did not confirm that he intends to proceed with his appeal as required. His appeal is, therefore, dismissed and the May 13, 2024 date is vacated.
Davies J.
Date: May 1, 2024