Court File and Parties

CITATION: Ganeshalingham v. Kamarasamy, 2020 ONSC 7236

DIVISIONAL COURT FILE NO.: 215/19

DATE: 2020/11/25

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Ganeshalingham

AND: Kamarasamy

BEFORE: Sachs, Penny and G. King JJ.

COUNSEL: Ganeshkumar Kamarasamy, the Appellant, on his own behalf Garth B. Dingwall, for the Respondent

HEARD at Toronto: November 24, 2020

Endorsement

[1] On August 4, 2020 Favreau J. made a case management directive concerning the filing of materials. In that endorsement she directed the Respondent Landlord to email their materials to the Appellant Tenant by September 11, 2020 and to upload them in a dropbox by September 18, 2020. The Respondent Landlord did not comply with this direction and as a result the Tenant did not receive the Respondent’s materials until the week before the scheduled hearing. The Tenant is self-represented and wishes to get legal advice regarding this matter now that he has the Landlord’s materials. He has been unable to do so prior to the hearing due to the short time period and the pandemic. As a result he sought an adjournment before us.

[2] We granted the Tenant’s request for an adjournment on the following terms:

(a) The matter is adjourned to the January 8, 2021 at 2pm for 2 hours. This date is peremptory on both parties. While it is the intention of this panel to try and sit on this matter, we are not seized.

(b) Any supplementary appeal materials shall be served and uploaded to the dropbox by December 31, 2020.

(c) This adjournment is conditional on the Tenant paying the Landlord rent in the amount of $425.00 on December 1, 2020 and January 21, 2021.

(d) The costs of today (1 hour) are reserved to the panel hearing the appeal.

Sachs J.

Penny J.

G. King J.

Date: November 25, 2020