COURT FILE NO.: DC 23-00000609-0000
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mylvaganam, et al. v. Singh, et al.
BEFORE: Shore J.
COUNSEL: R. Chauhan, for the Appellants; Jasroop Billen and Gurjiwan Brar for the Respondents
ENDORSEMENT
1The Respondent Landlord brought this motion to quash the Tenant’s appeal of the decision of the Landlord and Tenant Board (LTB), dated October 8, 2023, and to lift the certificate to stay to evict the Tenant.
2In the decision, the LTB found that the Tenants owed arrears of rent in the sum of $37,800 as of August 31, 2024, and that monthly rent is $2,800. The Landlord was willing to set the arrears at $35,000.
3The Tenant has not paid any rent since November 18, 2022. She has been living rent free for over 15 months. She has not paid any rent since the hearing before the LTB in August 2023. The arrears owing are now over $50,000, or $49,000 if accepting the agreement that the arrears be set at $35,000 as of the LTB hearing. The Tenant does not contest the arrears owing or the ongoing monthly rent.
4The Appellant/Tenant filed an affidavit in response to this motion but did not attend on the motion. The motion took place on Zoom. The Tenant did not log on for the motion. In her affidavit, the Tenant advises that she is out of the country but does not explain why she cannot log on for the motion. She requests “an Order for settlement without any cost and quashing of any proceedings”. She also requests that she be given until March 1, 2024, to vacate the premises. The Tenant has not taken any steps to move forward on the appeal. She makes no proposal as far as paying her ongoing rent or her arrears.
5In these circumstances, with no rent having been paid for many months, the statutory stay pending appeal must be lifted: the balance of convenience weighs strongly in favour of the Landlord and the eviction should not be delayed.
6This is also an appropriate case to quash the appeal. An appeal from a decision of the LTB is only sustainable on a question of an error of law. There is no real question of law raised on the appeal. The Tenant does not offer any good reason to deny granting the motion. The evidentiary record establishes that the Tenant’s appeal is frivolous. The Tenant has made no effort to move the appeal forward and has no intention of moving forward with the appeal. The Tenant is only seeking an adjournment of the eviction until March 1, 2024. The appeal should be quashed.
Costs
7The Landlord filed a cost outline. He is seeking $5,500 in costs. This amount is reasonable in the circumstances.
ORDER TO GO AS FOLLOWS:
The stay of the eviction order of the Landlord and Tenant Board shall be lifted forthwith.
The Sheriff’s Office is directed to enforce the eviction of the Landlord and Tenant Board in accordance with its terms.
The appeal is quashed.
The arrears owing from the Tenant to the Landlord is $49,000.
The Tenant shall pay the Landlord costs of $5,500 forthwith inclusive of disbursements and HST.
S. Shore J.
DATE: February 2, 2024