Court File and Parties
CITATION: Roper v. Papadakos, 2013 ONSC 6547
DIVISIONAL COURT FILE NO.: 64/13
DATE: 20131021
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HIMEL, SACHS AND WARKENTIN JJ.
BETWEEN:
CHRISTOPHER J. ROPER Appellant
– and –
NIKOLAOS PAPADAKOS Respondent
In Person
L. Viet Nguyen, for the Respondent
HEARD at Toronto: October 21, 2013
Oral Reasons for Judgment
SACHS J. (ORALLY)
[1] The tenant asserts that he was denied procedural fairness because the Board only gave him thirteen days from the date of its order to pay the prescribed amount to continue the tenancy and that thirteen day period fell over the Christmas holidays. We see no merit to this submission.
[2] First, and most significantly, the tenant chose not to attend or file any material at the hearing where the order was made. The time to make submissions concerning payment conditions was at that hearing – not afterwards by way of an appeal to the Divisional Court. Second, once he received notice of the order, the tenant took no steps to pay the arrears of rent owed. In fact, it was not until the landlord proceeded to file the order with the Sheriff to enforce the eviction that the notice of appeal to this court was filed. The tenant has continued to reside in the property rent-free for another ten months. He has filed no material nor taken any steps to demonstrate that he is acting in good faith when he asserts that if only he had known about the order at the time, he would have paid the prescribed amount and brought his tenancy into good standing.
[3] For these reasons, the appeal is dismissed.
HIMEL J.
COSTS
[4] I have endorsed the back of the Appeal Book and Compendium, “For oral reasons delivered, this appeal is dismissed. Costs are fixed at $1,500 payable by Mr. Roper to the landlord within 30 days. Order has been signed by the Court.”
SACHS J.
HIMEL J.
WARKENTIN J.
Date of Reasons for Judgment: October 21, 2013
Date of Release: October 23, 2013
CITATION: Roper v. Papadakos, 2013 ONSC 6547
DIVISIONAL COURT FILE NO.: 64/13
DATE: 20131021
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HIMEL, SACHS AND WARKENTIN JJ.
BETWEEN:
CHRISTOPHER J. ROPER Appellant
– and –
NIKOLAOS PAPADAKOS Respondent
ORAL REASONS FOR JUDGMENT
SACHS J.
Date of Reasons for Judgment: October 21, 2013
Date of Release: October 23, 2013