Court File and Parties

CITATION: Delic v. 1864447 Ontario Ltd 2024 ONSC 3412

DIVISIONAL COURT FILE NO.: 0018/24

DATE: 202404424

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

Andrew Delic, Tenant/Appellant

AND:

1864447 Ontario Ltd., Landlord/Respondent /Moving Party

BEFORE: Justice Leiper

COUNSEL: K. Wakely for the Landlord/Respondent/Moving Party E. Fellman for the Landlord and Tenant Board Andrew Delic, Self-Represented Tenant/Appellant/Responding Party

HEARD: In writing on April 24, 2024

ENDORSEMENT

[1] The landlord brings a motion in writing to lift the automatic stay of the eviction order made by the Landlord and Tenant Board regarding the tenant, Andrew Delic and the premises at 29 Huron Street, Unit 1, Toronto, Ontario, M5T 2A4.

[2] The landlord has filed an affidavit sworn by a director of the corporate landlord which confirms the tenant has breached the court’s direction that he make a rental arrears payment on April 15, 2024 in the amount of $1,400.00. The tenant has provided information that he spent that day in the emergency department of his local hospital last week for cardiac issues and has been “recovering at home.” He was not admitted to hospital, nor has he provided any formal diagnosis or doctor’s letter. He states that the intends to make his arrears payment “as soon as possible.”

[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 for payment of rent and arrears pending the hearing of the tenant’s appeal, to maintain the stay. The landlord has filed evidence which confirms that the tenant has not abided by the terms. The tenant himself has acknowledged he has not done so, and suggests there are medical reasons for this.

[5] As this court wrote in Maphangoh v. Revera Retirement Homes, 2021 ONSC 7739, at para. 15:

The obligation to pay rent as it falls due is fundamental. Where a tenant has defaulted in rent obligations for a long time, this court will require the tenant to make rent payments and reasonable payments on account of arrears to maintain a stay of eviction pending appeal. The statutory stay is intended to preserve the court’s ability to do justice at the end of the appeal, not to enable a tenant to abuse the process of the LTB and the court to live rent-free for a long time. Appropriate terms for interim payment of rent and arrears will depend on all of the circumstances of the case – to allow tenants with good faith appeals, who intend to meet their rent obligations within a reasonable period, to preserve their tenancies – and to bring an end to failed tenancies that cause further loss to the landlord every month that goes by.

[6] The tenant was given reasonable terms for payment of rent and an amount toward the arrears of unpaid rent pending his appeal. He has failed to carry out those terms. His last minute assertion of medical issues and failure to make even part payment are not persuasive. The terms were reasonable and the tenant agreed to fulfill them. Having failed to do so, I am not confident that any further extensions will not work an injustice to the landlord.

[7] I grant the order lifting the stay of eviction, effective May 16, 2024. I dispense with the requirement of the tenant’s consent to the form of that order.

Leiper, J.

Date: April 24, 2024