CITATION: Corbie v Kechrid, 2024 ONSC 876
DIVISIONAL COURT FILE NO.: DC-23-00000569-00ML
DATE: 20240209
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: KAYLA CORBIE (also known as Kayla Scoon), Plaintiff/Tenant
AND:
DAHLIA KECHRID, Respondent/Landlord
BEFORE: Leiper J.
COUNSEL: Ann Corbie, agent for the Tenant
Elliott Birnboim, for the Respondent/Landlord Valerie Crystal, for the Landlord and Tenant Board
HEARD: In writing at Toronto on February 8, 2024
ENDORSEMENT
[1] The respondent/landlord seeks an order lifting the stay of enforcement of the Landlord and Tenant Board’s order of September 6, 2023, which is the subject of an appeal by the tenant/applicant. The order is sought by reason of the tenant’s failure to follow the terms of the order of the case management judge, Justice Schabas, of December 13, 2023.
[2] The landlord filed an affidavit on January 5, 2024 which provides as follows:
• The tenancy began on July 1, 2022. The Tenant pre-paid the first and second-month’s rent (total $5,800.00) for July and August and then stopped paying rent permanently starting September 1, 2022. As of December 31, 2023, the Tenant owes $42,035.97, including interest at 6% per the Order under appeal. The per diem rate is $95.34.
• At a case conference before Justice Schabas on December 13, 2023, the tenant attended and confirmed the outstanding arrears.
• Following the case conference, Justice Schabas directed that as a condition of maintaining the stay of the order of the Board, the tenant was to do the following:
• Pay the arrears of $42,035.97 to the respondent on or before December 22, 2023; and
• Make her monthly rent payments of $2,900 on the first day of each month going forward, commencing January 1, 2024.
[3] If the tenant failed to make these payments, the landlord was granted leave to bring a motion in writing with a supporting affidavit, seeking the lifting of the stay.
[4] The landlord has filed an affidavit confirming that these payments have not been made. The tenant has filed no responding material to dispute the evidence of the landlord.
[5] Tenants have an ongoing obligation to pay rent. The arrears and rent are significant, and nothing has been paid in that regard since the filing of the appeal and the directions of Justice Schabas.
[6] I order that the stay of the Board’s order be lifted forthwith. I dispense with the approval of the tenant as to the form and content of the order.
Leiper J.
Released: February 9, 2024