Court File and Parties

CITATION: Wang v. McEachern and Hussey, 2020 ONSC 4836

COURT FILE NO.: 19/87 (Brampton)

DATE: 20200811

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Wang v. McEachern and Hussey

BEFORE: D.L. Corbett J.

COUNSEL: Bin Wang, self-represented Landlord Margaret MacEachern, self-represented Tenant Jermaine Hussey, not participating

DATE: August 11, 2020

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on August 12, 2020.

[2] The tenant Jermaine Hussey did not appear on the conference call. Ms MacEachern spoke for both of them.

[3] The appeal has not been perfected. The tenants’ plan was to find new accommodation and move out. They have not been able to find a new place to rent, no doubt the task of relocation being more difficult during COVID-19. Ms MacEachern acknowledged that no rent had been paid since around January. She repeated that she and Mr Hussey were sincere in wanting to leave as soon as they found a new place, but they had not been able to find something so far. In the background of the call I could hear Ms MacEachern’s small children crying; it is clear that she has her hands very full at this difficult time.

[4] The landlord, of course, is entitled to be paid rent. He has been told many times by the tenants that they are trying to relocate, but he needs to see this brought to an end.

[5] After discussions between the court and the parties, it was agreed as follows. The parties consent to an order dismissing the appeal without costs, with a stay of enforcement of the eviction order to the end of September, 2020. This gives the tenants almost two more months to relocate. The landlord, for his part, will not incur the expense, delay and uncertainty of bringing a motion to lift the stay and/or quash the appeal.

[6] On this basis, order to go as follows:

a. This appeal is dimissed without costs;

b. Enforcement of the eviction order of the Landlord and Tenant Board is stayed to and including September 30, 2020;

c. The Sheriff is authorized to enforce the eviction order of the Landlord and Tenant Board on and after October 1, 2020.

[7] A copy of this order is to be sent forthwith to both tenants and to the landlord by email.

[8] Mr Hussey was not on this teleconference; by his failure to participate himself, he delegated authority to his co-tenant, Ms MacEachern, to speak for the two of them. If Mr Hussey disputes this characterization then he should take immediate steps to schedule a further teleconference with this court.

[9] Mr Wang raised the issue of rent arrears which have accumulated for quite some time. I advised him that this court cannot assist him further with that issue. He has an order from the Landlord and Tenant Board respecting rent, and he is entitled to seek to enforce that order if he wishes.

[10] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course.

D.L. Corbett J.

Date: August 11, 2020