Court File and Parties
DIVISIONAL COURT FILE NO.: 459/24
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Michael Tadros, Appellant
AND:
Fred Leong and Daisy Leong, Respondents
BEFORE: Davies J.
COUNSEL: Michael Tadros, self-represented
Marshall Reinhart, for the Respondents
HEARD (in writing): December 17, 2024
Endorsement
1Mr. Tadros appeals the July 26, 2024 decision of the Landlord and Tenant Board (Order No. LTB-L-022549-24). His appeal is scheduled to be heard on January 27, 2025.
2The parties have reached a settlement in this matter. The Respondents concede that the Board made a legal error in its decision and consent to the appeal being allowed.
3The parties also agree on how the funds being held in trust by the Respondents’ counsel should be disbursed. By way of background, Mr. Tadros agreed to give the Respondents’ lawyer $15,786 on October 4, 2024, which is the amount the Board found he owed in rental arrears. Counsel agreed to hold the money in trust pending the outcome of the appeal and a further court order because Mr. Tadros disputed whether he owed any arrears. The parties agree that $13,186 will be paid to the Respondents and $2,600 will be returned to Mr. Tadros.
4The parties seek a consent Order allowing the appeal, setting aside the Board’s order and releasing the funds being held in trust in accordance with their agreement.
5Based on the written consent of the Respondents, this appeal is granted without costs and Order No. LTB-L-022549-24 is set aside. Of the $15,786 being held in trust, $13,186 shall be disbursed to the Respondents and $2,600 will be returned to Mr. Tadros. Order to go in accordance with the draft submitted by counsel.
6The January 27, 2025 hearing date is vacated.
Davies J.
Date: December 17, 2024