Court File and Parties

Citation: Sivakova v. Timbercreek Asset Management, 2016 ONSC 281 Divisional Court File No.: DC-15-0000 468 Date: 2016-01-12 Superior Court of Justice – Ontario Divisional Court

Re: Natalia Sivakova, Appellant And: Timbercreek Asset Management Inc. (Property Management), Respondent

Before: Stewart J.

Counsel: N. Sivakova, Self-represented, for the Appellant M. Zarnett, for the Respondent

Heard at Toronto: January 11, 2016

Endorsement

[1] The Respondent Timbercreek Asset Management Inc. (Property Management) seeks an order lifting the automatic stay of the Order of the Landlord and Tenant Board (TNL-72999-15) which is the subject of the present appeal, and an order directing the Sheriff to forthwith enforce the Order.

[2] Alternatively, the Respondent seeks an order requiring the Appellant to pay to it all arrears of rent and Landlord and Tenant Board costs in the total amount of $7668.16, and monthly rent of $1325.17 from January 1, 2016 pending the hearing of this appeal.

[3] The appeal has not yet been perfected. In the meantime, it is common ground that no rent has been paid by the Appellant since the making of the order by the Landlord and Tenant Board.

[4] A tenant is not entitled to live in a rental unit rent free pending an appeal (see: Princess Apartments v. Pohvalynsky, File No. 51/06, April 20, 2006 (Div. Ct.); Carini v. Gartner, 2007 ONSC 6912 (Ont. S.C.D.C.) March 8, 2007.

[5] The Appellant has indicated her willingness to pay the arrears of rent, but wishes to pay it into Court pending the hearing of her appeal.

[6] Section 134(2) of the Courts of Justice Act empowers a court to which an appeal is taken to make any interim order that is considered just to prevent prejudice to a party pending the hearing and disposition of an appeal.

[7] Having considered the submissions of the parties on this issue, I am of the view that the concerns of the Respondent, an institutional landlord, may be addressed in these particular circumstances by ordering the Appellant to pay the outstanding arrears and ongoing rent into Court to the credit of these proceedings pending the hearing of her appeal. I also consider it appropriate to impose time limits upon her to perfect her appeal.

[8] Accordingly, I make the following order:

(a) The Appellant shall pay the sum of $3741.67 into Court, a sum reflecting the Order of the Landlord and Tenant Board under appeal, by no later than January 31, 2016;

(b) The Appellant shall pay the additional sum of $5292.68 into Court on account of arrears of rent by no later than February 12, 2016;

(c) Commencing February 29, 2016 and at the end of each month thereafter, the Appellant shall pay the sum of $1316.69 into Court pending the hearing of this appeal;

(d) The Appellant shall perfect this appeal by no later than March 31, 2016;

(e) If the Appellant fails to comply with any of the requirements of this order, the Respondent may move without notice before the Registrar and, upon affidavit evidence of non-compliance, the Registrar shall dismiss the appeal and lift the stay and the Order of the Landlord and Tenant Board shall thereby be restored. Any and all sums paid into Court by the Appellant shall be paid to the Respondent;

(f) Approval of this Order as to form and content by the Appellant is hereby dispensed with.

[9] In the circumstances, I make no order as to costs.

Stewart J.

Date: January 12, 2016