Court File and Parties
Citation: Magnacca v Enrietti-Zoppo 2023 ONSC 2857 Divisional Court File No.: 049/23 Date: 2023-05-31 Superior Court of Justice – Ontario Divisional Court
Title: ANTONIO MAGNACCA, Appellant AND: CRISTINA ENRIETTI-ZOPPO, Respondent
Before: Leiper J.
Heard: In writing
Endorsement
[1] Mr. Magnacca has appealed a decision of the Landlord and Tenant Board concerning an eviction order related to a unit on Oxford Street in the City of Toronto. The Landlord, Ms. Enrietti-Zoppo has raised concerns about Mr. Magnacca’s delays in moving the appeal forward and over the significant amount of rent arrears owing on the unit.
[2] On April 3, 2023, I conducted a Case Conference. Ms. Enrietti-Zoppo attended as did Mr. Andrew Delic, as agent for Mr. Magnacca. Following that Case Conference I issued the following Direction:
Mr. Magnacca will have until April 17, 2023 to propose a plan to the landlord, with a copy to the Landlord and Tenant Board, and to the court, to begin paying rent and for paying the outstanding arrears of rent.
A proposal that leaves the landlord at risk of non-payment of the substantial unpaid and uncontested arrears may mean the landlord will be able to move to lift the stay of the Order of the Landlord and Tenant Board.
[3] The Landlord, Ms. Enrietti-Zoppo has provided an affidavit setting out the monthly rent owed on the unit ($2400) and the outstanding arrears: calculated as $110,400 based on 2400/month payable on the 20th of each month and unpaid since July of 2019.
[4] The tenant has submitted a proposal to resume paying rent and to pay off the arrears owing, which would bring his tenancy into good standing within 11 months. This assumes total arrears of $112,800 to be paid as follows:
- An initial payment of $25,000 on June 24, 2023; and
- Payments on the 24th of every month of $10,000 allocated as $2400 toward current rent and $7600 toward arrears until the arrears are in good standing.
[5] Ms. Enrietti-Zoppo did not accept these terms, and questions the bona fides of the offer given the longstanding failure to pay rent and the current usage of the unit by Mr. Magnacca. She seeks an order lifting the stay of eviction pending the argument of this appeal.
[6] Based on the offer made by Mr. Magnacca, he is in a position to pay $10,000 on the 24th date of every month, and a lump sum payment toward arrears by June 24, 2023. If he is able to begin making the payments as provided in his submission by May 24, 2023, I am prepared to exercise my discretion to continue the stay.
[7] If Mr. Magnacca does not make the payments as offered, beginning on May 24, 2023, and file proof of such payment with the court, an order lifting the stay of eviction will be made. Any further default in payment may also result in a lifting of the stay on application of the landlord supported by an affidavit describing the nature of the default.
[8] I make this decision having heard from the parties, considering the length of time that the arrears are outstanding and having an offer, that if legitimate is a significant step toward putting the arrears into good standing.
[9] Dates should be set for the hearing of this appeal. The parties are to confer on a timetable for the exchange of materials and provide them to Divisional Court staff for my approval on or before June 8, 2023. If the parties are not able to agree, they shall each provide their proposed dates separately for consideration.
Released: May 31, 2023 Leiper J.