Aderal Property Management Inc. v. Camla Draven
CITATION: Aderal Property v. Camla Draven, 2011 ONSC 246
DIVISIONAL COURT FILE NO.: 498/10
DATE: 20110112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ADERAL PROPERTY MANAGEMENT INC.
Applicant
(Respondent in Appeal)
– and –
CAMLA DRAVEN
Respondent
(Appellant in Appeal)
Jane L. Ferguson, for the Applicant (Respondent in Appeal)
Joseph H. Kary, for the Respondent (Appellant in Appeal)
HEARD at Toronto: January 10, 2011
ENDORSEMENT: ferrier J.:
[1] Three motions came on for hearing. The first was a motion by the tenant to set aside the dismissal of the appeal by the Registrar. The second was a motion by the tenant to stay the eviction and direct that she be permitted to re-enter the premises, pending the appeal. The third was a motion by the landlord to quash the appeal.
[2] The motion to set aside the Registrar’s dismissal was heard first. For reasons to be delivered, the motion was dismissed. These are the reasons.
[3] I note the following:
a. The eviction was lawful. The tenant has now been out of the premises since early October 2010. Her possessions have been gratuitously and apparently safely stored without change by the landlord.
b. The city had ordered the landlord, in effect, to remove the apartment in the basement, which had been occupied by the tenant. In order to meet the city’s requirements, the landlord has removed the kitchen. The apartment was illegal, being contrary to the city bylaws. The illegality has now been removed by the removal of the kitchen. Clearly the tenant cannot be permitted to re-occupy the premises.
[4] Thus, the motion was dismissed. This rendered moot the two remaining motions. The motion to quash was withdrawn.
[5] The motion for a stay is dismissed.
[6] Costs fixed at $1,250 plus H.S.T.
Ferrier J.
Released: January 12, 2011
CITATION: Aderal Property v. Camla Draven, 2011 ONSC 246
DIVISIONAL COURT FILE NO.: 498/10
DATE: 20110112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ADERAL PROPERTY MANAGEMENT INC.
Applicant
(Respondent in Appeal)
– and –
CAMLA DRAVEN
Respondent
(Appellant in Appeal)
ENDORSEMENT
Ferrier J.
Released: January 12, 2011