Court File and Parties

CITATION: Mahdieh v. Ng, 2025 ONSC 551

DIVISIONAL COURT FILE NO.: 606/24

DATE: 2025-01-27

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ARASH MAHDIEH, Appellant/Respondent on Motion

AND:

GRACE WEI-KI NG, Respondent on Appeal /Moving Party

BEFORE: Davies J.

COUNSEL: Arash Mahdieh, self-represented

Eman Khoshbin, for the Respondent/Moving Party

Linda Naidoo, for the Landlord and Tenant Board

HEARD: In chambers, in writing

Endorsement

[1] On August 16, 2024, the Landlord and Tenant Board terminated Mr. Mahdieh’s tenancy for non-payment of rent and ordered him to vacate his rental premises, which is owned by Ms. Ng. The Board found that Mr. Mahdieh owed almost $35,000 in rental arrears as of June 30, 2024. The Board gave Mr. Mahdieh an opportunity to void its order, and avoid eviction, by paying Ms. Ng $39,936 by August 27, 2024.

[2] Mr. Mahdieh appealed the Board’s decision to this Court and obtained a certificate of stay of the eviction order pending the hearing of his appeal.

[3] On November 1, 2024, I ordered Mr. Mahdieh to pay his ongoing rent pending the hearing of his appeal. I also ordered Mr. Mahdieh to make two lump sum payments of $5,000 towards the arrears, one on December 13, 2024 and one on January 10, 2024.

[4] Mr. Mahdieh did not comply with my order and on January 13, 2024, I granted Ms. Ng’s motion to lift the stay of the Board’s order: Mahdieh v. Ng, 2025 ONSC 249.

[5] In my reasons for lifting the stay, I wrote as follows:

Mr. Mahdieh is, of course, entitled to pursue his appeal even if the eviction order is carried out. However, if Mr. Mahdieh fails to perfect his appeal in accordance with the revised timetable below, his appeal will be dismissed.

[6] In my January 13, 2025 decision, I also granted Mr. Mahdieh an extension to prefect his appeal. Under the original timetable, he was required to file his appeal materials by January 10, 2024. Mr. Mahdieh asked for an extension to January 20, 2024, which I granted. However, I also made it clear that that was the last indulgence Mr. Mahdieh was likely to be given. Mr. Mahdieh had been given several extensions to comply with my orders. In the end, I wrote as follows:

Mr. Mahdieh should not expect any further indulgences from the Court. And if Mr. Mahdieh fails to prefect his appeal by 3:00 p.m. on January 20, 2025, Ms. Ng can request in writing that the appeal be dismissed. Counsel for Ms. Ng can simply send an email to the Divisional Court office and copied to my assistant, Alison Roberts (alison.roberts@ontario.ca), if Mr. Mahdieh fails to perfect his appeal as required.

[7] On January 21, 2025, counsel for Ms. Ng wrote to the court and asked that Mr. Mahdieh’s appeal be dismissed because he did not perfect his appeal as required on January 20, 2025. Mr. Mahdieh still has not filed any materials in support of his appeal.

[8] Mr. Mahdieh has, once again, failed to comply with this court’s order. His appeal is, therefore, dismissed and the April 15, 2025 hearing date is vacated.

Davies J.

Date: January 27, 2025