CITATION: Pinarreta v. Hanzely, 2024 ONSC 854
DIVISIONAL COURT FILE NO.: 592/23
DATE: 20240208
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Pinarreta v. Hanzely
BEFORE: Shore J.
COUNSEL: A. Pinarreta, Self-represented Landlord/Respondent; P. Hanzely, Self-represented Tenant/Appellant; V. Crystal, Landlord and Tenant Board
HEARD: January 31, 2024, in writing
E N D O R S E M E N T
Background
[1] This is a motion for an order lifting a stay of eviction, which stay was automatically granted on the filing of the Notice of Appeal, of a decision from the Landlord and Tenant Board.
[2] The Landlord brought this motion, relying on the direction of Justice Shabas. On December 11, 2023, a case conference was held before Shabas, J. Paragraph 10 of the direction, from that same day, (Pinarreta v. Hanzely 2023 ONSC 7011) provides as follows:
In accordance with O’Brien J’s direction, I am directing that as a term of the ongoing stay pending appeal, Mr. Hanzely must pay Mr. Pinarreta $9,600 on January 1, 2024, towards the arrears (being 6 months’ rent), plus his January rent of $1,600. He is also to pay $3,200 on the first of every month thereafter, half of which shall be towards arrears and the other to pay his ongoing rent, which payments shall continue until all arrears are repaid. If Mr. Hanzely fails to make any of these payments, the landlord, Mr. Pinarreta, may bring a motion in writing with a supporting affidavit from him, filed to my attention with the Court, seeking the lifting of the stay. Mr. Pinarreta should attach these directions to the Divisional Court Intake Form in order to initiate such a motion should it be necessary. [emphasis added]
This Motion
[3] Mr. Pinarreta has filed an affidavit advising that no payments have been made by Mr. Hanzely and he is seeking an order lifting the stay, as permitted under the Shabas, J. order.
[4] As of December 31, 2023, the tenant’s arrears were $27,586. The arrears are now $30,786 given that Mr. Hanzely has failed to pay rent for two more months. The reasons and the decision of Shabas, J. were abundantly clear. I rely on the reasons for the decision as set out in that direction. The decision has not been appealed. Mr. Hanzely has not made the payments as required. The Landlord is entitled to have the stay of eviction lifted.
[5] The Court did receive an email from a lawyer, Mr. Naylor, on January 30, 2024, advising that he has been retained by Mr. Hanzely, and that he has “an exceptionally busy March”. He requested dates in April “to have this matter heard”. The request for an adjournment is clearly related to the hearing of the appeal, which has been scheduled for March, and can be addressed at a case conference. It is not the subject of this motion.
[6] In these circumstances, and in light of the decision of Shabas, J., dated December 11, 2023, and with none of the payments having been made under that order, the statutory stay pending appeal must be lifted.
[7] Motion granted.
ORDER TO GO AS FOLLOWS:
The stay of the eviction order of the Landlord and Tenant Board shall be lifted forthwith.
The Sheriff’s Office is directed to enforce the eviction of the Landlord and Tenant Board in accordance with its terms.
S. Shore J.
DATE: February 8, 2024