Court File and Parties

COURT FILE NO.: 054/20 DATE: 20201030 SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: Bains v. 1958484 Ontario Inc.

COUNSEL: Mr Bains, self-represented Tenant / Appellant David Shiller, for the Landlord / Respondent

BEFORE: D.L. Corbett J.

DATE: October 30, 2020

Case Management Endorsement

[1] At the case management teleconference held on October 26, 2020, I ordered Mr Bains to pay $12,000 to the landlord’s solicitor in cash or certified funds by 5:00 pm October 29, 2020, and to provide proof of this payment to the court by 9:00 am, October 30, 2020 (2020 ONSC 6529). A case management teleconference was scheduled for 1:00 pm on October 30, 2020 to confirm that this payment had been made, and to give further directions in this case. This endorsement reflects the teleconference held on October 20, 2020.

[2] Mr Bains did attend on the teleconference on October 30, 2020, as did counsel for the landlord. The parties confirmed that no payment was made by October 29, 2020, and Mr Bains advised that he and his partner had decided that they would vacate the premises.

[3] Order to go vacating the stay of the eviction order of the Landlord and tenant Board and lifting the Certificate of Stay. The eviction may proceed. The Sheriff is asked to give priority to this eviction, given the length of time the tenant has been in possession without paying rent.

[4] The tenant has not yet decided whether to abandon his appeal. He is considering getting some legal advice on that issue.

[5] The tenant shall follow this schedule if he decides to pursue this appeal:

a. The tenant shall serve a proper Notice of Appeal by November 20, 2020; and

b. The tenant shall serve all of his appeal materials by November 27, 2020.

[6] If the tenant takes the steps set out in the previous paragraph then the landlord shall serve his responding materials by December 31, 2020. If the tenant does not take the steps set out in the previous paragraph, by the deadlines indicated, the landlord may ask the court to dismiss the appeal by way of an email, attached to which is an affidavit on behalf of the landlord attesting to the non-compliance with the terms set out in this endorsement. The court will give directions to the tenant about responding to this request after reviewing the request.

[7] Counsel for the landlord may provide the court with an order reflecting this endorsement for issuance and entry by the court; approval as to form and content of the draft order is dispensed with.

[8] This endorsement is effective from the time that an unsigned copy of it is released to the parties by email from the court. A signed copy of the endorsement will be provided to the parties by email in due course.

D.L. Corbett J.

Date: October 30, 2020