Court File and Parties
COURT FILE NO.: CV-19-6161 DATE: 2020-09-08 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Metropolitan Toronto Condominium Corporation No. 1207, Plaintiff AND: Surinder Kumar Bhatia and Home Ownership Alternative Non-Profit Corporation (Greater Toronto Area), Defendants
BEFORE: C. J. Brown J.
COUNSEL: John DeVellis, for the Plaintiff Rob Winterstein, for the Defendant, Home Ownership Alternative Non-Profit Corporation (Greater Toronto Area)
HEARD: In Writing
Endorsement
[1]
Background
The plaintiff, Metropolitan Toronto Condominium Corporation No. 1207 brings this motion, in writing, for default judgment for possession of the mortgaged/licensed property and foreclosure of the equity of redemption in the property against the defendant, Surinder Kumar Bhatia. The defendant was properly served, but has not responded. He was noted in default on January 3, 2020.
2He is the sole occupant of the condominium unit which is not a matrimonial home. He has failed to pay the property’s common expenses. Liens were registered on August 29, 2018 and the defendant was warned on November 22, 2018 and January 11, 2019 that if arrears and associated costs were not paid, the condominium would initiate enforcement proceedings. The defendant did not respond.
3Arrears of common expenses continue to accrue and as of July 8, 2020, amounted to $20,427.48. A statement of claim and amended statement of claim were served on the defendant, which the defendant failed to defend. He was noted in default on January 3, 2020, as above indicated. The outstanding common expenses owing continue to be unpaid. Pursuant to section 85 of the Condominium Act, such a default entitles the condominium corporation to a lien against the unit. The condominium lien maybe enforced in the same way as a mortgage. The defendant’s default in payment of common expenses entitles the Corporation to possession of the property and to foreclose on the equity of redemption in the property.
[4]
Decision and Order
I am satisfied, based on all of the evidence before the court, that an order granting the condominium default judgment should be granted and I so order. I further order that the right, title and equity of redemption of the defendants, Bhatia and Home Ownership, in the property are foreclosed in favour of the condominium.
5The defendants are forthwith to deliver to the Condominium Corporation possession of the property, or such part as is in the possession of the defendant. The Condominium Corporation will, as a condition of, and coincident with, any sale of the property by the Condominium, pay to the defendant, Home Ownership, the amount of $61,502.20, plus interest in the amount of 5% per annum from the date hereof, in full and final satisfaction of the mortgage on the property, provided however, that the Condominium may, at its option, pay the balance then owing under the terms hereof at any time prior to selling the property.
6I have signed judgment accordingly.
7Notwithstanding Rule 59.05, this Order is effective from the date it is made, and is enforceable without any need for entry or filing in accordance with Rules 77.07(6) and 1.04. No formal Order need be entered and filed unless an appeal or a motion for leave to appeal is brought to an appellate court. Any party to this Order may nonetheless submit a formal Order for original signing, entry and filing when the Court returns to regular operations.
Date: September 8, 2020