Court File and Parties

CITATION: Bananga v. RPMS Property Management Services Inc., 2024 ONSC 5759

DIVISIONAL COURT FILE NO.: 219/24

DATE: 20241017

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

BIENVENU BANANGA, Tenant/Moving Party

AND:

RPMS PROPERTY MANAGEMENT SERVICES INC. Landlord/Respondent

BEFORE: Leiper J.

COUNSEL: Tenant, self-represented, not responding RPMS Property Management Services Inc., Kristin Ley

HEARD: In writing on October 17, 2024

COSTS ENDORSEMENT

[1] The Tenant, Bienvenu Bananga, is the residential tenant of a rental unit located at PH07, 111 Davisville Avenue, Toronto, Ontario M4S IG5. On April 26, 2024, the Tenant moved for an extension of time to file an appeal from a decision of the Landlord and Tenant Board dated March 1, 2024. His Notice of Appeal was not filed within thirty days of the date of that decision.

[2] For reasons given on June 24, 2024, I dismissed the Tenant’s motion for an extension of time. The parties were provided with time to make submissions as to costs.

[3] Only the Landlord made submissions on costs. It seeks its costs of the motion on the basis that it was the successful party, its ongoing financial prejudice based on the Tenant’s failure to pay his rent and the loss of income from the unit due to the stay of eviction which was granted pending the appeal which the Tenant did not pursue in a timely way.

[4] These submissions have merit. The Tenant has not provided any responding submissions. The amount sought, $1500.00, is reasonable given the amount of time required for the Landlord to respond to the motion.

[5] Costs are granted in favour of the Landlord in the amount of $1500.

Leiper, J.

Date: October 17, 2024