CITATION: Hunte v. Milliken Co-operative Homes Inc., 2023 ONSC 7038
DIVISIONAL COURT FILE NO.:421/23 DATE: 20231212
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
CLAYTON HUNTE
Self-represented Tenant/Appellant
Tenant/Appellant
– and –
MILLIKEN CO-OPERATIVE HOMES INC.
Safia J. Lakhani, for the Landlord/Respondent
Landlord/Respondent
HEARD at Toronto: December 12, 2023
SCHABAS J. (Orally)
[1] This appeal was scheduled to be heard before me today. The date was set several months ago following a case conference with Justice Leiper on July 28, 2023. At that case conference Mr. Hunte, the appellant, was required to deliver his appeal materials by September 15, 2023.
[2] Mr. Hunte was also ordered by Leiper J. to make regular payments towards his rent and arrears in order to bring them into good standing.
[3] This followed from the Landlord and Tenant Board order in May 2023 directing Mr. Hunte to pay arrears and also ordering his eviction on or before June 11, 2023. Mr. Hunte sought reviews of those orders which were unsuccessful.
[4] Mr. Hunte failed to meet the September 15 deadline set by Leiper J.
[5] After counsel for the respondent drew this failure to meet the deadline to the court’s attention by letter dated September 25, 2023, the respondent asked that the appeal be dismissed. On October 3, 2023, Nishikawa J. extended the deadline for the appellant to file materials to October 6, 2023, failing which, as she directed, the respondent could seek to have the automatic stay lifted and to have the appeal quashed by bringing a motion in writing.
[6] The October 6 deadline was not met by Mr. Hunte either, although Mr. Hunte apparently emailed the court on that date saying he was looking for counsel and needed a bit more time. He did not copy counsel for the respondent on the letter.
[7] In late November, as this date approached, the respondent served Mr. Hunte with a motion to quash the appeal. That motion was to be heard in writing. No responding materials were delivered by Mr. Hunte.
[8] The respondent’s materials delivered in support of the motion to quash the appeal were filed on CaseLines before me today. This matter has been going on since 2020. It has involved safety concerns of residents of the Co-op as well as concerns about payments by Mr. Hunte to the Co-op.
[9] Mr. Hunte has been able to represent himself before the Landlord and Tenant Board and has had ample time to retain counsel and deliver his appeal materials. He has filed no materials to explain his delay, only asserting today that he needs another 30 to 60 days in which to finalize a retainer with a law firm. Of course, if he achieves that, and there is no guarantee that he will, there would be further delays in hearing the appeal.
[10] I do not accept Mr. Hunte’s explanations for the delay. He has been the beneficiary of an automatic stay of his eviction for many months resulting from the filing of his notice of appeal, which has not been pursued. His rent continues to be in arrears and there continue to be safety concerns at the Co-op that involve him. He has repeatedly missed deadlines without explanation.
[11] In these circumstances, I grant the respondent’s motion and I quash the appeal. It follows that the stay of the Landlord and Tenant Board eviction order dated July 17, 2023 is vacated.
___________________________ SCHABAS J.
Date of Oral Reasons for Judgment: December 12, 2023
Date of Written Release: December 14, 2023
CITATION: Hunte v. Milliken Co-operative Homes Inc., 2023 ONSC 7038
DIVISIONAL COURT FILE NO.:421/23 DATE: 20231212
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
CLAYTON HUNTE
Tenant/Appellant
– and –
MILLIKEN CO-OPERATIVE HOMES INC.
Landlord/Respondent
ORAL REASONS FOR JUDGMENT
SCHABAS J.
Date of Oral Reasons for Judgment: December 12, 2023
Date of Written Release: December 14, 2023