Starlight Blackstar OPCO 2 ULC v. Ganga, 2024 ONSC 3750
CITATION: Starlight Blackstar OPCO 2 ULC v. Ganga 2024 ONSC 3750
LTB File No. LTB-L-049711-22
Divisional Court File No. 178/24
DATE: 20240628
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
BETWEEN:
STARLIGHT BLACKSTAR OPCO 2 ULC Moving Party
and
JOSHUA GANGA Respondent
BEFORE: Leiper J.
COUNSEL: R. Winterstein, - Counsel to Starlight Blackstar C. Sakuraba -Counsel to Joshua Ganga (not served, motion without notice)
HEARD: In writing June 28, 2024
ENDORSEMENT
[1] The landlord, Starlight Blackstar, the respondent in the appeal initiated by Joshua Ganga, the tenant, brought a motion for an order lifting the stay of the Landlord and Tenant Board Review Order dated March 18, 2024 and of the underlying Landlord and Tenant Board Order dated March 4, 2024. The landlord also seeks an order directing the Court Enforcement Office (Sheriff) to deliver vacant possession of the rental unit to the landlord.
[2] The landlord brought the motion without notice to the tenant.
[3] The background to the motion is as follows.
[4] On March 4, 2024, the Landlord and Tenant Board (the “LTB”) issued an order terminating the tenant’s tenancy because he had not paid the lawful rent owing to the landlord.
[5] The tenant sought a review of the March 4, 2024 Eviction Order.
[6] On March 18, 2024, the LTB denied the tenant’s Review Request
[7] The tenant appealed the March 4, 2024 Eviction Order and the March 18, 2024 Review Order to this court.
[8] I heard a Case Conference on April 26, 2024. On April 30, 2024, I issued a case management direction requiring the tenant to pay his monthly rent ($1779.40) as it becomes due each month failing which the landlord could move in writing for an order lifting the stay of eviction. In a subsequent case management direction dated June 19, 2024, I directed the tenant to pay $800 per month towards the significant rental arrears by the 15th day of each month while his appeal is pending. During the Case Conference, the tenant acknowledged that he is unable to afford the unit and is actively looking for a new place to live.
[9] In accordance with that direction, the landlord brought this motion in writing supported by an affidavit that the tenant has failed to make the full payments as directed. The evidence before me is that the tenant failed to pay his rent for the month of May 2024. He did pay $800 toward the arrears on May 15, 2024.
[10] The tenant paid $1,700 toward his rent for June of 2024, which is short by $79.40. He did not make the required payment of $800 toward the arrears of rent on June 15, 2024.
[11] Thus, since the Case Conference direction of April 30, 2024, the tenant has paid a total of $2500.00 towards his rent and arrears, however he has not paid the full amount and the amounts owing have increased by $2658.80. The evidence from the landlord is that as of June 19, 2024, the rental arrears owing by the tenant total $44,295.22. This large amount owing is related to the tenant paying no rent at all between September 2022 and April of 2024. The evidence before the LTB was that the tenant’s child had been assaulted by a former superintendent of the building where they lived. The trauma associated with that assault led the tenant to pay a significant amount of his income to fund that child’s living expenses elsewhere during that period, leading to his falling behind in his rent. In those circumstances, the tenant sought relief from eviction.
[12] On his review of the LTB hearing decision, Member Cho wrote:
Although the Tenant disagrees with the presiding Board Member’s decision to deny relief from eviction, the March 4, 2024 order demonstrates that the presiding Board Member properly considered the parties’ circumstances by summarizing the parties’ evidence. The Member’s decision not to grant relief from eviction is therefore rational and not arbitrary. The order notes that the Tenant owed the Landlord over $40,000.00, and that the Tenant conceded that he had mismanaged his money. Although another Board adjudicator may have exercised their discretion under section 83 of the Act differently, in the circumstances the presiding Member’s decision to terminate the tenancy as of March 15, 2024 falls within a reasonable range of outcomes.
[13] The landlord submits, correctly that the law in Ontario is clear, that the filing of an appeal is not a means to remain in rental premises despite long-term failure to pay rent, nor is it the stay accorded by the filing of an appeal a means to obtain a period of rent-free living pending appeal.
[14] In considering the motion from the landlord, I have considered the background to the appeal, the partial payments and the fact that according to the timetable, this appeal will see it perfected by July 16, 2024. The appeal may be argued as early as the week of July 30, 2024.
[15] Mr. Ganga’s payments are in line with his submissions to the court at the Case Conference: he acknowledges his obligation to pay rent yet is finding this unit unaffordable. However, the landlord is suffering ongoing prejudice due to the high arrears and the failure of Mr. Ganga to make some payment on account of those arrears pending this appeal.
[16] Mr. Ganga has not had notice of this motion; thus I do not have any information about his steps to move or to bring his recent payments into good standing.
[17] I will provide Mr. Ganga with a final opportunity to bring the payments required in May and June into good standing, failing which I will grant the landlord’s motion. I order as follows:
The tenant, Joshua Ganga shall have until July 15, 2024 to bring his rent for May, June and July into good standing;
The tenant Joshua Ganga shall make a further payment toward his arrears of rent by July 20, 2024, in the amount of $800.00
If the appeal in this matter has not been heard by August 1, 2024, the tenant Joshua Ganga shall pay his August rent and the arrears owed as of June 15, 2024 of $800;
If the appeal in this matter has not been heard by August 15, 2024, the tenant Joshua Ganga shall pay $800 toward the arrears owing by August 15, 2024;
Thereafter, and until the appeal is heard, the tenant Joshua Ganga shall pay his full monthly rent on the first of each month and an amount toward arrears of rent of $800 on the 15th of each month.
Failure to make any of these payments will entitle the landlord to move before me, on notice to Mr. Ganga, and supported by an affidavit, for an order lifting the stay of the order of the Landlord and Tenant Board and providing the landlord with vacant possession of the unit.
Leiper, J.
Date: June 28, 2024