Court File and Parties

CITATION: Bishop v. Athanasopoulos, 2024 ONSC 4797

DIVISIONAL COURT FILE NO.: 410/24 ML

DATE: 20240923

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: BIANCA BISHOP, Moving Party

AND:

MATTHEW ATHANASOPOULOS, LAKESHORE CAR WASH LTD. and JOHN ATHANASOPOULOS, Responding Parties

BEFORE: Sachs, Myers, Shore JJ.

COUNSEL: Self-Represented Moving Party

Warren Fullerton and Daniel Ableser, for the Responding Parties, Lakeshore Car Wash LTD., and John Athanasopoulos

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to appeal the decision of Hebner J. dated June 18, 2024 is allowed on the issue of whether the Superior Court had jurisdiction to grant a Writ of Possession (also referred to in the materials as a “Writ of Trespass”) rather than to defer the matter to the Landlord and Tenant Board. The entitlement to the costs of this motion is reserved to the panel hearing the appeal. The quantum of costs of this motion is fixed at $5000.00. The Moving Party’s request for a stay of the Writ of Possession pending appeal is granted on the following terms:

(a) Commencing on October 1, 2024, and the first day of each month thereafter until the disposition of the appeal Bianca Bishop is to pay Lakeshore Carwash LTD. the sum of $2000.00 per month by way of an occupancy payment. This payment is without prejudice to the Responding Parties’ ability to argue that the relationship between the parties is not a tenancy.

(b) Bianca Bishop is to permit access to 1520 Laurier Drive to prospective purchasers in accordance with the provisions of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (the “Act”). In the event of a sale of the property the Responding Parties may exercise such rights to eviction as they may have under the Act.

Sachs J.

Myers J.

Shore J.

Released: September 23, 2024