Court File and Parties

CITATION: Gayle v. Oxton Court Apartments, 2025 ONSC 2157

DIVISIONAL COURT FILE NO.: 086/25

DATE: 20250408

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Tafari Gayle, Appellant AND: Oxton Court Apartments, Respondent

BEFORE: Shore J.

COUNSEL: Tafari Gayle, self-represented Appellant Douglas H. Levitt and Spencer F. Toole, for the Respondent

HEARD at Toronto: April 4, 2025

Endorsement

[1] Mr. Gayle, the moving party, wants to appeal a decision of the Landlord and Tenant Board, that found that as of December 31, 2024, he owed arrears of rent to the responding party in the sum of $10,477.70. Mr. Gayle did not commence his appeal within the required time and a motion to extend the time for service and filing of his notice of appeal was scheduled to be heard on April 4, 2025.

[2] Pursuant to the Direction of Justice Nakatsuru, Mr. Gayle’s motion material was due by February 28, 2025. He missed the deadline. As of the hearing date of the motion, being April 4, 2025, Mr. Gayle had not filed his motion material and/or he failed to upload them to Case Center. The motion therefore could not proceed as scheduled.

[3] Without an order extending the time for filing the notice of appeal, there is no appeal pending before this Court. The automatic stay of the eviction is lifted. The Sheriff may proceed to enforce the eviction order of the Landlord and Tenant Board.

“Shore J.”

Date: April 8, 2025