Court File and Parties

CITATION: Senananeye v. Gray, 2020 ONSC 6073

COURT FILE NO.: 334/20

DATE: 20201006

SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: Senananeye v. Gray

COUNSEL: Ms Senananeye, self-represented Appellant / Tenant Ms Gray, Respondent / Landlord (with her partner) Valerie Crystal, for the Landlord Tenant Board

BEFORE: D.L. Corbett J.

DATE: October 6, 2020

CASE MANAGEMENT ENDORSEMENT

D.L. Corbett J.

[1] This endorsement confirms a case management teleconference held on October 5, 2020.

[2] The landlord and the tenant have had a cordial relationship. In 2019, the landlord wished to obtain possession of the rented premises for personal use. This led to a proceeding before the Landlord and Tenant Board that was resolved in the autumn of 2019. The tenant agreed to provide the landlord with vacant possession in April 2020.

[3] In March 2020, the COVID-19 crisis hit and the tenant had difficulty finding new accommodation. She spoke with the landlord and they agreed that she could stay in the premises for the time being, it always being understood that she would eventually have to leave so that the landlord could use it. Discussions were ongoing, and the landlord and tenant agreed in principle that the tenant could remain in the premises until March 2021.

[4] Then the landlord learned that the order he had obtained through the Landlord Tenant Board would have to be enforced within 12 months, or else he would have to start all over again. He took steps to preserve his ability to enforce the order, which included filing the order with the Sheriff. The tenant then began an appeal to this court, to prevent her eviction prior to March 2021.

[5] During the teleconference the parties agreed on all these facts being substantially true. They also agreed that they would be content for the tenant to remain in the premises until next March, and that the landlord should be able to recover possession of the premises then without having to start his proceedings all over again.

[6] On consent, order to go staying this appeal until March 31, 2021. Order to go dismissing this appeal as of March 31, 2021. Order to go that the stay of enforcement of the order of the Landlord and Tenant Board be lifted as of March 31, 2021, and that the landlord be at liberty to seek enforcement of the eviction order any time on or after April 1, 2021. Order to go that there be no costs of the appeal.

[7] If any issues arise in this matter between now and the end of March 2021 that the parties are unable to resolve between themselves, either party may arrange a further teleconference with this court. I understand from our discussions that rent has been paid as agreed, though there may have been some issues about the day of the month that rent was paid. As I noted to the parties during our call, the parties have treated each other with respect and consideration throughout this process and were continuing to cooperate with each other reasonably. The court expects that this will continue and that they will not need the court’s assistance, but a teleconference is available if one is necessary.

[8] The LTB is not required for this matter on the basis of today’s order. If, somehow, the appeal is not disposed of in the way set out in this endorsement, and the underlying appeal is revived, the LTB is entitled to notice and a chance to participate in the appeal. As I noted to the parties, this seems very unlikely, and is included in this endorsement just to be “on the safe side”: the LTB is entitled to participate if the appeal ever did proceed on the merits.

[9] The deadlines for ordering transcripts and taking other steps in the appeal are suspended during the period this appeal is stayed (effective from and after October 5, 2020).

D.L. Corbett J.

Date: October 6, 2020