COURT FILE NO.: 403/05
DATE: 20051117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DAN DEANS Tenant (Appellant)
- and -
JAMES GARDEN APARTMENTS Landlord (Respondent in Appeal)
Counsel: In Person David S. Strashin, for the Landlord
HEARD: November 17, 2005
LANE J.: (Orally)
[1] The landlord moves to quash this appeal and set aside the stay of the Ontario Rental Housing Tribunal Order evicting Mr. Deans. The Order of the Tribunal is based on evidence that Mr. Deans and his guests were acting in a manner which disturbed the peace of the other tenants. There is certainly ample evidence in the record before me that tenants are moving out due to the noise, profanity and fights associated with Mr. Dean’s apartment.
[2] There is no allegation of any serious question of law raised. The Tribunal gave Mr. Deans an adjournment but refused another, he appears to have had fairness in the procedure. The issues he raised in the argument this afternoon are issues of fact, not of law.
[3] The rent for October and November is outstanding. Mr. Deans disagrees with the landlord’s letter of October 12th, stating that the “last month” rent was gone, having been used up on an earlier occasion. Even if this is wrong, there is November’s rent still outstanding.
[4] In my view, the tenant has a weak appeal and it appears likely that the appeal is designed to extend his occupancy at no cost. This is an abuse of the process if it is true.
[5] In the circumstances, the stay cannot be continued unless the rent is paid. I therefore order that unless the tenant pays the rent for October and November, 2005, into Court, on or before November 30, 2005, and pays the December rent no later December 1st, 2005, the stay of the Order of the ORHT is lifted as of December 2, 2005 and the eviction may be carried out.
[6] Landlord to have costs of today in the amount of $500, payable within 60 days.
LANE J.
Date of Reasons for Judgment: November 17, 2005
Date of Release: November 30, 2005
COURT FILE NO.: 403/05
DATE: 20051117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DAN DEANS Tenant (Appellant)
- and -
JAMES GARDEN APARTMENTS Landlord (Respondent in Appeal)
ORAL REASONS FOR JUDGMENT
LANE J.
Date of Reasons for Judgment: November 17, 2005
Date of Release: November 30, 2005