Court File and Parties
CITATION: Olebu v. Medallion Corporation 2024 ONSC 3198
DIVISIONAL COURT FILE NO.: 604/22
DATE: 2024-06-04
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
BETWEEN:
Christina Olebu, Appellant
and
Medallion Corporation, Respondent
BEFORE: Leiper J.
COUNSEL: Christina Olebu – self represented S. Toole - Counsel to the respondent
HEARD: By videoconference June 4, 2024
Endorsement
Introduction
[1] The respondent landlord, Medallion Corporation, brought a motion seeking to quash the appeal from eviction brought by the tenant, Ms. Olebu, on the basis that her appeal is devoid of merit and is an abuse of the court’s process.
[2] Ms. Olebu sought to adjourn the landlord’s motion. During submissions on the question of whether to adjourn the motion, the parties arrived at a resolution which the court has approved.
[3] Ms. Olebu is withdrawing her appeal, and the court will order the appeal be dismissed as abandoned as of July 2, 2024, and subject to the following terms.
[4] The landlord has agreed to permit Ms. Olebu to remain in the unit until July 31, 2024, on condition that she pay her agreed upon monthly rent of $1850 by June 10, 2024 (July rent) and again on July 1, 2024 (July rent). Failure to do so will permit the landlord to move before me in writing for an order of immediate eviction.
[5] The landlord also seeks its costs of the motion in the amount of $3292.37 and supported by its submissions that Ms. Olebu has not paid rent since initiating this appeal in October of 2022. Her arrears are now more than $50,000. The landlord was required to spend more money bringing this motion, for an appeal which did not raise questions of law.
[6] Ms. Olebu acknowledged that she cannot afford her current unit. She is a single parent who is working but is not receiving a sufficient salary to both pay rent and supply the other necessaries of life. She has had health challenges and is in Canada without significant supports. However, she has also made her troubles those of her landlord. She has not made part payments although she does earn enough to have funds left over after paying rent. And only when faced with imminent dismissal of her appeal was she willing to do what is necessary to pay rent for the next two months.
[7] I am satisfied that it is fair for Ms. Olebu to contribute toward the landlord’s costs, after she has paid her rent for June and July. I will provide her with six months to pay costs to the landlord in the amount of $2,000.
[8] I order that as of July 2, 2024, Ms. Olebu’s appeal shall be dismissed as abandoned, subject to these terms:
Ms. Olebu shall pay her monthly rent for June and July on June 10 and July 1 respectively in the amount of $1850. She is to vacate the unit on July 31, 2024.
If the rent is not paid on these dates, the landlord may move in writing for an order of immediate eviction.
Ms. Olebu shall pay costs to the landlord in the amount of $2,000, within 6 months of today’s date.
Leiper, J.
Date: June 4, 2024