Court File and Parties
DIVISIONAL COURT FILE NO.: 372/25 ML
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: ANNETTE ATANGANA and ROBERT ATANGANA Tenants/Appellants AND: YOGAIN KUMAR SAKHUJA, KANIKA SAKHUJA and NIRJA SAKHUJA Landlords/Respondents
BEFORE: Justice O’Brien
COUNSEL: Annette Atangana and Robert Atangana, Self-Represented Yogain Kumar Sakhuja, for the Landlord/Respondent
HEARD: Motion in writing
Endorsement
Endorsement
1By case management directions dated April 15, 2025, I gave the landlords leave to bring a motion seeking a lifting of the stay pending appeal on the basis that the tenants did not make payments as required by Trimble J. By endorsement dated February 19, 2025, Trimble J. required the tenants to pay $3,750 in monthly rent on March 1, 2025 and on the first of every subsequent month. He also ordered the tenants to pay $2,500 on March 15, 2025 and on the 15th day of every month thereafter and $5,000 on June 30, 2025 and December 31, 2025 for arrears of rent.
2I granted the landlords leave to file a notice of motion and affidavit to my attention if the tenants did not make these payments.
3In its November 4, 2024 order, the Landlord and Tenant Board found that arrears of rent at that time were over $40,000. It ordered that the tenancy be terminated unless the tenants voided the order by paying $48,806.
4The landlords have now filed motion material seeking that the appeal be dismissed, or, if the appeal is to proceed, seeking security for costs. Leave was not provided to bring a motion seeking that relief on the expedited and written process I directed.
5However, on the affidavit material the landlords have filed, the tenants did not comply with Trimble J.’s order. By the date of the affidavit, March 21, 2025, the tenants had paid no rent or arrears since November 2023. This means at a minimum they have breached the payments required by Trimble J. in March 2025.
6The tenants were given seven days to file responding material and did not do so. I therefore accept the landlords’ affidavit as accurate.
Disposition
7Given the tenants’ failure to comply with the order of Trimble J., the stay is lifted. The LTB’s order dated November 4, 2024 may be enforced.
Directions
8This endorsement does not dispose of the appeal. If the tenants intend to proceed with the appeal, they shall confirm this with the court by e-mail no later than June 6, 2025 and provide a proposed schedule for the exchange of materials on the appeal. If the tenants do not respond by June 6, 2025, counsel for the landlords is asked to notify the court of this. The appeal may then be dismissed for the failure to respond.
9If the tenants wish to proceed with the appeal, the landlords may renew their request to bring a motion dismissing the appeal or in the alternative, for security for costs, through the case management process.
O’Brien J
Released: May 22, 2025