Court File and Parties

CITATION: 595799 Ontario Ltd. v. First, 2020 ONSC 7389

DIVISIONAL COURT FILE NO.:

DATE: 20201202

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: 595799 ONTARIO LTD. Respondent / Moving Party

AND:

WILLIAM FIRST, Appellant / Responding Party

BEFORE: D.L. Corbett J.

COUNSEL: Michael Thiele, for the Moving Party / Respondent

William First, self-represented Appellant / Responding Party

Andre Fillion, Respondent, not appearing

HEARD at Toronto in writing: November 30, 2020

DECISION ON MOTION FOR LEAVE TO APPEAL

[1] This is a difficult situation. The prospect of evicting a tenant from his home, in the midst of the COVID-19 pandemic, when he is currently in hospital with serious medical problems is, frankly, appalling.

[2] On the other hand, the tenant has not paid rent for about eighteen months. While there may be some issue about the precise calculation of rent arrears, there appears to be no issue that the tenant has paid nothing at all since June 2019.

[3] The position is muddied by the position of the appellant, who is not the tenant but who is an occupant of the leased premises. The appellant apparently has authority to make personal care decisions, but not to make other personal or financial decisions, for the tenant. On the record before me, the appellant is not the tenant’s litigation guardian, he holds no power of attorney for property of the tenant and he is not entitled, in law, to represent the tenant in court.

[4] On the evidence before me, the tenant owes over $28,000 in arrears with rent accruing each month at a rate of $1,832.61. The stay of enforcement of the eviction order should not remain in place if meaningful payments towards arrears payments in lieu of ongoing rent are not made.

[5] Order to go that:

(a) $6,832.61 be paid to the solicitors for the landlord, in trust, by 12 noon, December 10, 2020, being $5,000 towards arrears and $1,832.61 for or in lieu of rent for December 2020;

(b) $6,832.61 be paid to the solicitors for the landlord, in trust, by 12 noon, January 4, 2021, being $5,000 towards arrears and $1,832.61 for or in lieu of rent for January 2021;

(c) $6,832.61 be paid to the solicitors for the landlord, in trust, by 12 noon, February 1, 2021, being $5,000 towards arrears and $1,832.61 for or in lieu of rent for January 2021;

(d) $6,832.61 be paid to the solicitors for the landlord, in trust, by 12 noon, March 1, 2021, being $5,000 towards arrears and $1,832.61 for or in lieu of rent for March 2021;

(e) $1,832.61 be paid to the solicitors for the landlord, in trust, for or in lieu of rent, by 12 noon, by or on the first day of every month starting April 1, 2021 until the final determination of this appeal;

(f) The payments referenced in these terms may be made by or on behalf of the tenant and shall be paid in certified funds or money order; and

(g) If these payments are not made as directed in these terms then the landlord may, upon serving an affidavit attesting to the non-payment, seek an order lifting the stay of enforcement of the eviction order.

[6] The court notes that the tenant has not appealed the ruling of the Landlord and Tenant Board. Thus, it is not the tenant’s obligation but rather the appellant’s obligation, to perfect the appeal. The appellant shall serve his certificate respecting evidence by December 15, 2020 and shall provide proof that he has ordered transcripts by January 18, 2021. The court will give further scheduling directions once it has received proof that transcripts have been ordered.

[7] This endorsement is effective from the time that an unsigned copy is sent to the parties by the court by email; a signed copy of the endorsement will be sent to the parties in due course. Landlord’s counsel may provide the court with a draft order reflecting this endorsement; approval as to form and content is dispensed with.

D.L. Corbett J.

Date: December 2, 2020