Court File and Parties
CITATION: Peters v. Sylvan Estates Inc., 2022 ONSC 1440
DIVISIONAL COURT FILE NO.: 21/522
LANDLORD AND TENANT BOARD FILE NO.: CEL-97936-21
DATE: 20220303
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Swinton, Lederer and Mew JJ.
BETWEEN:
ANDREA PETERS and DAVID PETERS
Appellants (Tenants)
– and –
SYLVAN ESTATES INC. and ROBERT SALNA
Respondents (Landlord)
Counsel:
Andrea Peters, acting in person
David Strashin, for the Respondents
Valerie Crystal, for the Landlord and Tenant Board
HEARD at Toronto (by videoconference): March 3, 2022
Oral Reasons for Judgment
Swinton J. (Orally)
Adjournment Request
[1] The appellant seeks a two-week adjournment of this hearing.
[2] Today’s date is peremptory to the appellant, as ordered by Favreau J. in December 2021. D.L. Corbett J. denied requests by the appellant for an adjournment January 14, February 3, and February 8, 2022. However, he gave the appellant an indulgence on January 14, 2022 to file her materials by January 28, 2022, despite her failure to follow the schedule that was in place. The appellant did not comply with the direction.
[3] The appellant has had numerous accommodations by this Court. Corbett J. alerted her to the fact that a further request for adjournment could be denied by the panel.
[4] In response to the accommodations given, and the warnings from Corbett J., the appellant did not attempt to upload any materials to Caselines until yesterday afternoon. That material does not provide any satisfactory explanation of her disability or any confidence in the state of her preparation for the appeal.
[5] We also must consider fairness to the landlord. A case conference was first held to schedule this matter on September 20, 2021. The hearing date has been adjourned once to accommodate the appellant.
[6] Given the warnings and advice given to the appellant and the opportunities provided to her, a further adjournment is not warranted. The request for an adjournment is denied.
The Appeal Decision
[7] The appellant filed no materials to support her appeal, despite accommodations by the Court to allow her to do so. In the absence of any material for the respondent to respond to, the appeal is dismissed.
Order
[8] An order is to go:
- The appeal is dismissed.
- The stay of the Board’s order of eviction is lifted, but the Sherriff shall not carry out an eviction before May 1, 2022.
- Costs to the landlord are fixed at $3,500 all in payable by the appellants.
- The appellants’ approval of the form and content of a draft order is dispensed with.
Swinton J.
I agree _______________________________
Lederer J.
I agree _______________________________
Mew J.
Date of Oral Reasons for Judgment: March 3, 2022
Date of Written Release: March 09, 2022
CITATION: Peters v. Sylvan Estates Inc., 2022 ONSC 1440
DIVISIONAL COURT FILE NO.: 21/522
LANDLORD AND TENANT BOARD FILE NO.: CEL-97936-21
DATE: 20220303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Swinton, Lederer and Mew JJ.
BETWEEN:
ANDREA PETERS and DAVID PETERS
Appellants (Tenants)
– and –
SYLVAN ESTATES INC. and ROBERT SALNA
Respondents (Landlord)
ORAL REASONS FOR JUDGMENT
Swinton J.
Date of Oral Reasons for Judgment: March 3, 2022
Date of Written Release: March 09, 2022