CITATION: Pinarreta v. Hanzely 2023 ONSC 7011
DIVISIONAL COURT FILE NO.: 592/23 DATE: 20231211
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
ANTONIO PINARRETA
Landlord/Respondent
– and –
PETER HANZELY
Tenant/Appellant
Self-represented Landlord/Respondent
Self-represented Tenant/Appellant
Valerie Crystal, Landlord and Tenant Board
HEARD at Toronto: December 11, 2023
SCHABAS J. (Orally)
[1] An in-person case conference was held today at Osgoode Hall, pursuant to the direction of O’Brien J. of November 15, 2023. Mr. Hanzely attended with a Hungarian interpreter. Mr. Pinarreta also attended, as did Ms. Valerie Crystal, counsel for the Landlord and Tenant Board (“LTB”).
[2] Justice O’Brien’s direction stated as follows.
A case conference shall be scheduled in this matter.
The LTB found that the outstanding rent was $21,000 as of August 31, 2023. The monthly rent is $1,600.
The tenant is directed to confirm the accuracy of these figures or, if he says they are not accurate, to state (a) the current amount of arrears; (b) the current monthly rent; and (c) provide the court with proof of payment of any rent payments the tenant has made that are not reflected in the LTB’s calculations.
At the case conference, the court may make orders respecting payment of ongoing rent and rental arrears as a condition of continuing the stay pending appeal in this court. The court may also confirm the order(s) sought to be appealed and establish a schedule for the exchange of appeal materials.
[3] Mr. Hanzely confirmed today that he received Justice O’Brien’s direction and that he understood it. It was clear to me that he understood English as at times today he immediately began responding to my questions before the interpreter translated what I said. The landlord, Mr. Pinarreta, also stated that Mr. Hanzely speaks English, that they communicate with one another in English, and Mr. Hanzely did not dispute this. I make this point only to confirm that Mr. Hanzely understood the direction of Justice O’Brien, which he confirmed to me as well through the interpreter today.
[4] Mr. Hanzely had no records available to dispute the monthly rent or arrears. He said he paid cash and funds came from an acquaintance or the sale of his car, but he has no documents to establish this. When asked when he last paid rent, he said he paid $3,000 in March 2023. He could not say when he previously paid rent. He agreed that the monthly rent is currently $1,600 but stated that before March 2023 it was $1,550.
[5] Mr. Pinarreta stated that he has not received any rent since the LTB orders in August and September.
[6] The amount in arrears, to the end of this month, December 31, 2023, then, has increased by four months, or $6,400, which when added to the $21,186 to the end of August, means that arrears as of December 31 will be $27,586.
[7] As Mr. Hanzely’s appeal has raised issues about his health, I asked if he had any medical evidence he wished to provide. He produced a letter from a doctor dated December 7, 2023, which stated that he has an anxiety condition and which supported a request for an in-person case conference. That was the gist of the letter. And, of course, this case conference has been held in person and Mr. Hanzely has been able to make representations without difficulty.
[8] I also asked Mr. Hanzely if he had taken any steps to move forward with the appeal, such as obtaining the recording of the LTB hearings. He has not done so.
[9] Mr. Hanzely has not paid rent for many months. The arrears are significant. He has not presented any evidence to explain why he has not paid rent or to dispute the accuracy of the figures in the LTB decision.
[10] In accordance with O’Brien J.’s direction, I am directing that as a term of the ongoing stay pending appeal, Mr. Hanzely must pay Mr. Pinarreta $9,600 on January 1, 2024, towards the arrears (being 6 months’ rent), plus his January rent of $1,600. He is also to pay $3,200 on the first of every month thereafter, half of which shall be towards arrears and the other to pay his ongoing rent, which payments shall continue until all arrears are repaid. If Mr. Hanzely fails to make any of these payments, the landlord, Mr. Pinarreta, may bring a motion in writing with a supporting affidavit from him, filed to my attention with the Court, seeking the lifting of the stay. Mr. Pinarreta should attach these directions to the Divisional Court Intake Form in order to initiate such a motion should it be necessary.
[11] Further, Mr. Hanzely shall take steps forthwith to file all documents required to proceed with his appeal, including any transcripts from the LTB and his written argument, which is called a factum under the Rules, by January 31, 2024, failing which Mr Pinarreta may bring a motion to dismiss the appeal. That motion may be brought on notice to a single judge of the Court.
[12] If Mr. Hanzely does file all required documents for his appeal by January 31, 2024, Mr. Pinarreta shall have until February 28, 2024, to file his response. A date shall be set for the hearing of the appeal before a judge in March 2024.
___________________________ Schabas J.
Date of Reasons for Judgment: December 11, 2023
Date of Release: December 13, 2023
CITATION: Pinarreta v. Hanzely 2023 ONSC 7011
DIVISIONAL COURT FILE NO.: 592/23 DATE: 20231211
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ANTONIO PINARRETA
Landlord/Respondent
– and –
PETER HANZELY
Tenant/Appellant
ORAL REASONS FOR JUDGMENT
Schabas J.
Date of Reasons for Judgment: December 11, 2023
Date of Release: December 13, 2023