Citation and Court Information

CITATION: Magnacca v Enrietti-Zoppo 2023 ONSC 4537

DIVISIONAL COURT FILE NO.: 049/23

DATE: 20230804

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

Title: ANTONIO MAGNACCA Appellant

AND

CRISTINA ENRIETTI-ZOPPO Respondent

BEFORE: Leiper J.

HEARD: In writing

Date of Decision: August 4, 2023

ENDORSEMENT

[1] Mr. Magnacca 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 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] Following a Case Conference conducted on April 3, 2023, I issued a Direction providing Mr. Magnacca with time to propose a payment plan for the arrears, and notice that the landlord could be provided with an opportunity to move to lift the stay of the Order of the Landlord and Tenant Board terminating his tenancy.

[3] As of May 16, the outstanding arrears were $110,400 based on 2400/month payable on the 20th of each month and unpaid since July of 2019.

[4] The tenant 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. Part of the proposal involved him paying $25,000 by June 24, 2023.

[5] Ms. Enrietti-Zoppo did not accept the terms offered. She questioned the bona fides of the offer given the longstanding failure to pay rent and the current usage of the unit.

[6] I permitted Mr. Magnacca time to follow through with his offer and wrote in my endorsement of May 16, 2023: “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] Ms. Enrietti-Zoppo has filed an affidavit, dated June 23, 2023, which provides evidence that Mr. Magnacca has made no payments in accordance with his offer to do so. The outstanding arrears stand at $115,200. Mr. Magnacca has not occupied the unit since 2020. It appears he is granting access to the unit to a third party.

[9] The Landlord and Tenant Board ordered eviction on February 7, 2020 in File # TSL-11388-19.

[10] I am satisfied that Ms. Enrietti-Zoppo has provided sworn affidavit evidence that Mr. Magnacca has been taking advantage of the stay pending his appeal to occupy the unit without paying the rent as agreed. He has not followed through on his offer to bring his rental arrears in good standing.

[11] I order that the stay of the Landlord and Tenant Board’s order in this matter be lifted, effective August 10, 2023.

_______________________________ Leiper J.

Released: August 4, 2023