CITATION: Kirpichova v. Galaxy Real Estate Core LP, 2024 ONSC 7099
DIVISIONAL COURT FILE NO.: 072/24
DATE: 20241218
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
D.L. CORBETT J.
BETWEEN:
Marta Kirpichova and Emad Elguindy
Self-Represented
Appellants
– and –
Galaxy Real Estate Core Ontario LP
Rob L. Winterstein, for the Respondent
Respondent
HEARD in Writing: July 15, 2024
ENDORSEMENT
D.L. Corbett J.
[1] The moving parties' purported motion for mandamus and other related relief is struck out as an abuse of process.
[2] In view of the moving parties' stream of vexatious attacks on scheduling orders in this court, they are foreclosed from bringing any motions or further proceedings in this court without prior permission from the case management judge (currently O'Brien J.) or, in respect to any such steps within the motion to review the order of Myers J., the motions case management judge (D.L. Corbett J.).
[3] This is a straightforward matter at this point. There is an appeal from the LTB scheduled to be heard in this court in early October. There is an interim order of Myers J., binding on the parties except for an aspect of that order stayed by my order (the portion precluding Mr Elguindy's involvement in the appeal). There is a motion to review the order of Myers J. scheduled to be heard in mid-October. The operative portions of the order of Myers J. require interim payment of rent and towards arrears pending the appeal - payments that are without prejudice to the position of the parties on adjustment of rent arrears at the hearing of the appeal.
[4] If the moving parties have not made and/or do not make the payments required by the order of Myers J., the responding party may seek a remedy from this court in accordance with the order of Myers J.
[5] If the moving parties are minded to seek equitable relief from the case management orders of this court respecting the appeal and the review motion, their recourse lies in the Court of Appeal. In noting this, this court does not wish to be taken to encourage the moving parties to take that step, which would appear to be premature and vexatious; however, it would be for the Court of Appeal to decide those issues, not this court. If the moving parties are minded to seek review of the case management orders of D.L. Corbett J., they may bring such a motion in accordance with the prior direction of O'Brien J., though they should be mindful that such a review motion will probably not be heard until after the main appeal has been decided. This is entirely normal practice in landlord and tenant matters, where the court imposes what it considers to be reasonable rent and arrears payment terms pending appeal, tries to hear appeals promptly, and refuses to adjourn appeals to engage in endless litigation over interim payment terms.
[6] This decision was released to the parties by email on July 15, 2024.
"D.L. Corbett J."
Released by Email: July 15, 2024
Formal Endorsement Released: December 18, 2024
CITATION: Kirpichova and Elguindy v. Galaxy Real Estate Core LP, 2024 ONSC 7099
DIVISIONAL COURT FILE NO.: 072/24
DATE: 20241218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. CORBETT J.
BETWEEN:
Marta Kirpichova and Emad Elguindy
Appellants
– and –
Galaxy Real Estate Core LP
Respondent
ENDORSEMENT
D.L. Corbett J.
Released by Email: July 15, 2024
Formal Endorsement Released: December 18, 2024