Court File and Parties

CITATION: Bachelor and Chapple v. Sun, 2024 ONSC 119

DIVISIONAL COURT FILE NO.: 599/23

DATE: 20240105

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

Title: GARY BACHELOR and MANDY CHAPPLE, Appellants AND YAN SANDRA SUN, Respondent

BEFORE: Leiper J.

COUNSEL: Tenants/Appellants – unrepresented and acting in person Shayan Kamalie and Karan Khak, for the Landlord/Respondent

HEARD: In writing

Date of Decision: January 5, 2024

ENDORSEMENT

[1] The appellants appealed a decision of the Landlord and Tenant Board concerning an eviction order related to a unit on Scotia Avenuein the City of Toronto. The Landlord, Ms. Sun raised concerns about the appellants delays in moving the appeal forward and their ongoing failure to pay rent and arrears owing on the unit. The rental agreement provided that the tenants pay monthly rent in the amount of $3,000.

[2] Following a case conference on November 9, 2023, Justice Nishakawa issued a direction providing the tenants with time to confirm the arrears owing and to supply proof of any payments of those arrears. The tenants did not respond. A further case conference was scheduled before me on November 20, 2023.

[3] At the case conference of November 20, 2023, I was advised that the tenants were not notified of the second case conference. I issued anticipated directions providing the tenants with 7 days to respond with the information directed by Nishikawa, J. and for any submissions on the anticipated directions. I also directed that the landlord could move before me in writing, on notice to the tenants to lift the stay of the eviction order if the tenants did not respond to the directions.

[4] The tenants did not respond to the directions.

[5] The landlord has moved in writing before me for an order to lift the stay of the eviction order. The affidavit from the landlord establishes that the Landlord and Tenant Board found that the tenants were in arrears in the amount of $24,800 at the time of that hearing. By the end of October 2023, the arrears were $33,000.

[6] The tenants have not paid rent nor paid the arrears. They have not responded to directions of this court and did not participate in the first case conference.

[7] I am satisfied that the landlord’s affidavit has established that the tenants have taken advantage of the stay pending this appeal to occupy the unit without paying the rent. There is good reason to believe that the tenants do not intend to pursue this appeal given their lack of engagement with the court.

[8] Accordingly I make the following orders:

1. The stay of the eviction order made by the Landlord and Tenant Board matter is lifted, effective January 5, 2024;
2. The tenants shall advise the court, no later than January 19, 2024, on notice to the landlord if they intend to pursue their appeal and if so, to propose a schedule by which they will file their materials;
3. If the tenants do not advise the court as to their intentions in pursuing this appeal, by January 19, 2024, then this appeal is dismissed as abandoned.

_______________________________ Leiper J.

Released: January 5, 2024