Court File and Parties

CITATION: Starcevic v. Silvercore Properties Inc., 2024 ONSC 3164

DIVISIONAL COURT FILE NO. 194/24 697/23

DATE: 20240603

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: DRAZENKO GEORGE STARCEVIC and KULA ELLISON, Appellants AND: Silvercore Properties Inc., Respondent

BEFORE: SHORE J.

COUNSEL: Drazenko George Starcevic and Kula Ellison, Self-represented Spencer F. Toole, for Silvercore Properties Inc. Eli Fellman, for the Landlord and Tenant Board

HEARD: May 27, 2024

Endorsement

[1] On May 27, 2024, the tenants brought this motion to extend the time for serving and filing their motion to vary the order of Justice Myers, dated April 15, 2024, which lifted the stay of eviction, but granted the tenants a further extension to perfect their appeal.

[2] For the reasons set out below, the motion to extend the time to serve their motion for a review is dismissed.

[3] A motion to vary an order must be served within 4 days of the order being made. The tenants missed the deadline by almost a month. They failed to provide a reasonable explanation as to why they missed the deadline and why their material was late. The tenants have previously missed deadlines and have had to bring motions to extend the deadlines in the past. This is not an unfamiliar process to them.

[4] Further, the tenants remain in breach on various court orders, including their obligation to pay their ongoing rent and to pay their outstanding arrears (which is why the stay of eviction was lifted by Myers, J.). The tenants cannot seek relief from the Court when they remain in breach of Court orders.

[5] The motion to extend the time for service of their motion material to vary the order of Justice Myers is dismissed.

Shore J.

Released: June 03, 2024