Court File and Parties

CITATION: Pinarreta v. Hanzely, 2024 ONSC 2934

DIVISIONAL COURT FILE NO.: 592/23

DATE: 20240524

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Antonio Pinarreta Appellant

AND:

Peter Hanzely Respondent

BEFORE: Justice O’Brien

COUNSEL: D. Morawetz, Counsel for the Landlord

M. Naylor, Counsel for the Tenant

HEARD: Motion In-Writing

ENDORSEMENT

[1] Following my endorsement dated March 21, 2024, the respondent landlord has now renewed his motion for a lifting of the stay of eviction.

[2] The background to this matter is as follows: By order dated August 25, 2023, the Landlord and Tenant Board ordered that the appellant tenant’s tenancy be terminated. The Board found arrears of rent as of August 31, 2023 to be $21,000. The tenant’s request for review of that decision was dismissed. The tenant appealed to this court and the registrar issued an automatic stay pending appeal.

[3] In an endorsement dated December 11, 2023, following a case conference, Schabas J. directed the tenant to pay arrears of rent of $9,600 plus his rent of $1,600 on January 1, 2024. The tenant was also required to pay $3,200 for arrears of rent and ongoing rent on the first of each month until the arrears were paid. These payments were terms of the stay of eviction pending appeal.

[4] On February 8, 2024, in response to a landlord motion in writing, Shore J. lifted the stay of eviction. However, following directions of Matheson J. permitting a motion to set aside the lifting of the stay, on March 21, 2024, I set aside the endorsement of Shore J. because the tenant had not been properly served with the landlord’s motion. I allowed the landlord to renew his motion in-writing for a lifting of the stay on notice to the tenant.

[5] He has now done that. In his affidavit sworn on April 11, 2024, the landlord states the tenant has not paid any rent following the December 11 endorsement of Schabas J. The landlord filed a costs outline claiming partial indemnity costs of $1,627.20.

[6] In his response, the tenant indicates he does not consent to the motion but does not make any substantive submissions. He requests that costs be awarded to Legal Aid Ontario or that no costs be awarded against him. His notice of motion states that he is a social assistance recipient and that he was required to do significant work to maintain his procedural rights.

[7] I have sympathy for the tenant’s situation, but I cannot justify dismissing the landlord’s request for costs. The tenant has been living rent-free for a significant time. He has provided no substantive response to the motion and, therefore, has not justified the need to maintain his procedural rights. His motion to set aside the lifting of the stay resulted in delay and a longer period of living rent-free.

[8] Given that the tenant has failed to make the payments required as an ongoing term of the stay, the stay is lifted. Costs are awarded to the landlord in the amount of $1,600 all-inclusive. I have revised the draft order provided by the landlord to reflect the terms of this endorsement.

O’Brien J

Date: May 24, 2024