Court File and Parties

Citation: Thomas v. Homestead Land Holdings Ltd., 2022 ONSC 7159 Divisional Court File No.: 268/22 Date: 2022-12-19 Superior Court of Justice – Ontario Divisional Court

Re: Morreen Euphenia Thomas, Responding Party/Appellant And: Homestead Land Holdings Ltd., Moving Party/Respondent

Before: Nishikawa J.

Counsel: Morreen Euphenia Thomas, in person Mark Melchers for the Respondent/Moving Party

Heard at Toronto: December 16, 2022 (in writing)

Endorsement

[1] The Moving Party/Respondent, Homestead Land Holdings Ltd. (the “Landlord”) brings a motion to lift the automatic stay of the orders of the Landlord Tenant Board under the Residential Tenancies Act.

[2] Further to a case management order, the Appellant tenant was to pay rental arrears of $11,500 over the course of three months and the monthly rent of $1,604.57. The Tenant eventually paid $10,560 toward the rental arrears. As of October 19, 2022, when the motion was first brought, the Tenant owed $2,601.54 in rent arrears. Given that the information was not up to date, the court requested that the parties update the amount owing to the motion hearing date. The Landlord responded that the amount owing to December 15, 2022 was $184.22 and that the amount owing to December 31, 2022, including arrears, would be $997.54.

[3] The Tenant did not submit responding material on the motion. However, in response to the court’s request for an update of outstanding arrears, the Tenant advised that December rent had now been paid. This was not disputed by the Landlord.

[4] Given that the rent owing to December 15, 2022 was $184.22, and that the Tenant appears to have paid rent for December, I decline to grant the relief sought. The motion is adjourned without prejudice to the Landlord to bring the motion back before me on updated information, in the event that the Tenant fails to pay rent for January or February.

[5] The Tenant has also requested an extension of time to perfect the appeal because of a death in the family and her spouse’s illness and because previous counsel is no longer able to represent her.

[6] The Tenant commenced the appeal in May 2022 and was originally directed to perfect the appeal by August 12, 2022. That date was later extended to November 14, 2022, when the Appellant failed to perfect the appeal and based on the scheduled hearing date of February 27, 2023. Despite the circumstances described by the Tenant, which were not provided in an affidavit, the Tenant has had more than enough time to perfect the appeal and is not entitled to any further extensions.

[7] Having said that, all of the dates in the previous case management direction have passed. The Tenant is directed to perfect her appeal by January 13, 2023. The Respondent’s materials are to be delivered by February 10, 2023. The Landlord Tenant Board’s materials, if any, are to be delivered by February 17, 2023. The hearing will proceed on February 27, 2023, whether or not the Appellant has filed material.

“Nishikawa J.”

Date: December 19, 2022