CITATION: Mahdieh v. Joo, 2020 ONSC 7771

COURT FILE NOS.: 534/20

DATE: 20201214

SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: Mahdieh v. Joo

COUNSEL: Ms Joo, self-represented landlord

Mr Mahdieh, self-represented tenant

BEFORE: D.L. Corbett J.

DATE: December 14, 2020

CASE MANAGEMENT ENDORSEMENT

[1] The stay of enforcement of the eviction order of the Landlord and Tenant Board is lifted, effective immediately, and the Sheriff is directed to enforce the eviction order and asked to give that enforcement priority, given the length of time the tenant has been in possession without paying rent.

[2] By case management endorsement dated November 20, 2020, this court directed the tenant to pay the landlord $3,000 in certified funds or direct bank transfer by 3:00 pm on December 1, 2020. This deadline passed and the landlord sent an email to the court stating that the payment was not made and asking the court to lift the stay.

[3] The tenant responded with an email that states as follows:

Good Afternoon,

The reason I was not able to make my rent payment for December 01, 2020 is that Miss Joo has redirected all the mails which comes to 4103 to her personal mail box at a different address. So my CRB payment along with a lot of other personal mails of MJ e has gone to her possession.

This is absolutely illegal and criminal and also has caused a delay

No explanation was given as to how this could work in the manner described by the appellant, or how it would affect his receipt of a social benefits payment.

[4] The appellant’s claim that he was prevented from making his rent payment by “criminal” and “illegal” conduct by the landlord is unsubstantiated. I reject it. The tenant owes (on his version of the facts) at least $10,000 in unpaid rent, and more than double that amount on the landlord’s version of events.

[5] I decide these issues for the purposes of this order, on a balance of probabilities, in the exigencies of longstanding and persistent non-payment of rent by the tenant. The issue may be pursued further in the underlying appeal, which the tenant may pursue if he wishes after eviction.

[6] Court staff is asked to draft the order for my signature and then to expedite issuing and entering the order so that it may be enforced without further delay.

D.L. Corbett J.

Date: December 14, 2020