Court File and Parties

CITATION: Mukendi v. Silvercore Properties Inc., 2023 ONSC 1845

DIVISIONAL COURT FILE NO.: AP366/21

DATE: 20230323

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Alex Mukendi, Appellant

AND:

Silvercore Properties Inc., Respondent

BEFORE: Ellies R.S.J., Backhouse and Lederer JJ.

COUNSEL: Appellant, self-represented

Timothy Duggan, for the Respondent

HEARD: March 20, 2023 in Toronto by video conference

ENDORSEMENT

[1] Mr. Mukendi does not dispute that he has failed to pay any rent since October 2022. He submits that he has been unable to pay his rent because of a slip and fall that occurred on the landlord’s property in September 2022.

[2] However, in his direction of February 1, 2023, Justice Corbett indicated that Mr. Mukendi had undertaken to bring his arrears up to date by February 4, 2023. This undertaking was given after the fall and still it has not been fulfilled.

[3] As Justice Corbett said in his direction:

It is a fundamental obligation of a tenant to pay rent, each and every month, on time and in full. It will be for the appeal panel to decide what should be done, going forward, given the history of this matter below and in this court.

[4] The history of this matter includes the failure to pay rent in full and on time.

[5] Mr. Mukendi has paid nothing towards the rent or the rental arrears since September 2022. We are not satisfied that there is any reasonable excuse for the failure to do so.

[6] In the circumstances, it is our view that the appeal should be dismissed as abandoned, in accordance with Justice Corbett’s earlier directions. The appeal will, therefore, be marked “dismissed as abandoned”.

[7] In light of the nature of this matter and in all the circumstances, we believe that an order for costs in the amount of $5,000, all-inclusive, is fair and reasonable and we order that Mr. Mukendi pay this amount to the respondent.

[8] We also order that Mr. Mukendi’s consent to the draft order dismissing the appeal and ordering costs be dispensed with.

Ellies R.S.J.

Backhouse J.

Lederer J.

Date: March 23, 2022