Court File and Parties

CITATION: Chaudhry v Cassandra Towers 2024 ONSC 2426

DIVISIONAL COURT FILE NO.: 723/23

DATE: 20240513

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

MOHAMMAD ARSHAD CHAUDHRY and SHAHLA KHAN Tenants/Appellants

AND:

CASSANDRA TOWERS, Landlord/Respondent /Moving Party

BEFORE: Leiper J.

COUNSEL: K. Ley for the Landlord/Respondent/Moving Party

A. Solomon for the Landlord and Tenant Board

Mohammad Chaudhry, Self-Represented Tenant/Appellant/Responding Party

HEARD: In writing on April 25, 2024

ENDORSEMENT

[1] The landlord brings a motion in writing to lift the automatic stay of relief relative to an appeal by the tenants from an order of eviction by the Landlord and Tenant Board relating to the premises at 327 – 265 Cassandra Boulevard, North York, ON M3A 1V4, currently occupied by the tenants.

[2] Following a case conference on January 26, 2024, I directed that the eviction order of the LTB be stayed on the following terms:

The Tenant has agreed to make a lump sum payment towards arrears on Monday, January 29, 2024 in the amount of $6,000, to pay the monthly rent as it becomes due starting February 1, 2024 and to make payments towards the arrears of $500 each month.

He shall make these payments. Failure to do so will allow the landlord to move before me in writing to lift the stay, with a supporting affidavit as to nonpayment of rent.

[3] The landlord has filed an affidavit which confirms the tenant has breached the court’s direction that he make a rental arrears payment on February 1, 2024 in the amount of $500 towards his obligation to pay arrears. As of the February 2, 2024, the accrued arrears of rent, less payment are shown on the landlord’s ledger as $24,323.41.

[3] The court has jurisdiction to grant such relief pursuant to Sections 21(3), and 134(2) of the Courts of Justice Act, RSO 1990, c C-34 as amended; and Rule 63.01(5) of the Rules of Civil Procedure, O Reg 575/07, s 6(1).

[4] The directions of January 26, 2024 set out the terms which the tenant was required to fulfill pending the argument of his appeal from the order of the Board. The affidavit submitted on behalf of the landlord establishes that the tenants have not abided by the terms. This appeal has not yet been heard, and the landlord will suffer prejudice if the tenant does not abide by the terms.

[5] The arrears are large, and the amounts which the tenants were ordered to pay to keep the stay in place pending their appeal are proportionally modest. The arrears will continue to accrue to the prejudice of the landlord. The tenants have not filed any material to perfect their appeal. They have not brought their payments into good standing. The obligation to pay rent pending an appeal is required. This court enforces its directions to avoid litigants abusing the appeal processes to avoid their obligations.

[6] I grant the order lifting the stay of eviction, effective June 2, 2024. I dispense with the tenants’ consent to the form of that order.

Leiper, J.

Date: May 13, 2024