Rezvani v. Du, 2024 ONSC 5170
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: Susan Rezvani, Tenant (Moving Party)
AND:
Heping Du and Lizhen Chen, Landlords (Responding Parties)
BEFORE: Sachs, Lococo, and Howard JJ.
COUNSEL: Susan Rezvani, acting in person
Dan Rosman, for the Landlords
No one else appearing.
HEARD: September 17, 2024, at Oshawa
ENDORSEMENT
1The moving party, Ms. Susan Rezvani, was assisted today by Mr. Loghman Safee-Basir, her agent and son, who required accommodation in order to communicate with the court due to his hearing impairment.
2Ms. Rezvani had not uploaded any material to Case Center in advance of the hearing today.
3However, she presented in court today with a considerable volume of printed material, which she wished to file in support of her requests. Ms. Rezvani had not made copies of the material for the panel or Mr. Rosman, counsel for the responding parties; rather, she had with her only her original set of material.
4Given the deficiencies in the material presented and in order to provide Ms. Rezvani and Mr. Safee-Bashir with a fair opportunity to present their argument to the court, we directed that the motions before the court would be dealt with in writing, in accordance with the following schedule:
a. On or before Friday, September 20, 2024, at 10:00 a.m., Ms. Rezvani shall deliver (as defined below) an electronic copy of her written argument to Mr. Rosman and the court. The written argument shall not exceed ten (10) pages in length.
b. On or before Friday, September 20, 2024, at 10:00 a.m., Ms. Rezvani shall deliver an electronic (scanned) copy of the printed material that she attempt to file in court today to Mr. Rosman and the court. Only the printed material that was presented in court today shall be filed; no additions or deletions to the material presented in court today are permitted. Again, this material should have been delivered and uploaded to Case Center in advance of the scheduled hearing today.
c. On or before Tuesday, September 24, 2024, at 10:00 a.m., Mr. Rosman shall either deliver responding written argument to Ms. Rezvani and the court or advise that the responding parties are content to rely on their factum, submitted August 29, 2024, for the purposes of the hearing in writing. Any responding written argument shall not exceed five (5) pages in length.
d. On or before Thursday, September 26, 2024, at 10:00 a.m., Ms. Rezvani shall deliver an electronic copy of her written reply argument, if any, to Mr. Rosman and the court. Any reply written argument shall not exceed five (5) pages in length.
e. For the purposes of this schedule, the requirement that Ms. Rezvani must “deliver” her written argument and/or material means that she must send an email attaching the electronic copy of the argument and/or material to Mr. Rosman at dan.rosman@minsterlaw.ca and to the court at Durham.SCJ.Courts@ontario.ca.
5Ms. Rezvani agreed that this was a fair way of hearing her motions in the circumstances.
6The dates set out in the schedule above are peremptory, meaning that the parties must strictly abide by the dates and times set out in the schedule, and that the parties should expect that the court will not grant any request for an extension of the deadlines set out in the schedule. If any party fails to meet the deadlines set out in the schedule, the court may proceed to deal with the case in the absence of that party and without any further input from that party or may make any other direction as the court deems just.
7Mr. Rosman advised the court that he has been informed by counsel for the Landlord and Tenant Board that the Board will not be participating in the hearing of these motions.
Sachs J.
Lococo J.
Howard J.
Date: September 17, 2024
Released: September 19, 2024