CITATION: Sniderman v. Nickoloff 2024 ONSC 3218

DIVISIONAL COURT FILE NOS.: 701/23 & 738/23

DATE: 20240605

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

ADAM SNIDERMAN AND HAVA FRIEDMAN, Landlords (Respondents in appeal/Moving Party

AND:

STEVEN NICKOLOFF, Tenant (Appellant/Responding party on the motion)

BEFORE: Leiper J.

COUNSEL: Landlords – Adam Sniderman and Hava Friedman, Self-represented

Tenant – Steven Nickoloff – Self-represented

Lawyer for the Landlord and Tenant Board: E. Fellman

HEARD: In writing on June 5, 2024

ENDORSEMENT

(Landlord’s motion in writing to change the effective date of the dismissal of the Tenant’s appeal)

[1] On April 26, 2024, I granted an order refusing a fourth extension of time to the tenant to perfect his appeal and I dismissed his appeal for delay effective June 28, 2024.

[2] I took into account the tenant’s longstanding connection to the apartment and other needs and provided him 45 days for the order to take effect so that the tenant could find new housing.

[3] In response to a query from the landlords, I directed that the tenant was obliged to continue to keep his rent current and that failure to do so would mean the landlords could move before me to seek immediate eviction based on non-payment of rent.

[4] By way of affidavit dated May 30, 2024, the landlords filed evidence that the tenant has failed to pay his rent for the month of May in the amount of $1,216.78.

[5] The tenant was given notice that failure to do so could result in a change to the effective date of the dismissal of his appeal. While the appeal was ongoing, he paid his rent and the agreed upon arrears.

[6] In order to prevent an abuse of the court’s process and in keeping the prior directions as to the tenant’s obligation to pay rent I dismiss the tenant’s appeal for delay effective immediately. The stay of eviction is lifted as of the date of this endorsement.

Leiper, J.

Date: June 5, 2024