Court File and Parties

COURT FILE NO.: DATE: 20210210 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: National Auto Transit Inc., Applicant AND: All Season Property Management and Ben Sivarajapillai a.k.a. Reuben Sivarajapillai, Respondents

BEFORE: Chalmers, J.

COUNSEL: P. Chand and K. Lidder (student at law), for the Applicant D. Goodman, for the Respondents

HEARD: February 10, 2021 By Videoconference

Endorsement

[1] By endorsement dated January 19, 2021, I directed the Applicant to provide certified cheques for the payment of the rent for December 2020 and January 2021 by January 22, 2021. I also directed the Applicant to provide proof of payment of the rent for June and July 2020 forthwith. In exchange, the Respondent agreed to not take any steps to remove the Applicant from the premises before April 15, 2021 or to interfere with the subtenants. The Applicant voluntarily agreed to vacate the premises on April 15, 2021.

[2] The Applicant requested the case conference which took place today. The Applicant advises that the rent in the amount of $5,085 was paid for December 2020 and January 2021. The Applicant did not have proof the rent for June and July 2020 had been paid and has since paid for those months. The Applicant states that the Respondent is in breach of my endorsement because it contacted the subtenants and received rent payments directly from them in the amount of $16,200. The Applicant did not file any documentation supporting this figure. The Respondent states that it was contacted by two of the subtenants and was paid directly by them. The Respondent received a total of $3,500. The Respondent argues that the Applicant is in breach of my endorsement because it has not paid the rent for the additional space which is in the amount of $1,500 inclusive of HST for the period from December 1, 2020 to February 1, 2021. The total of $4,500 is still owing. The Respondent will credit the Applicant for the amount it has received from the subtenants. As a result, the Applicant currently owes $1,000. The rent of $5,085 is due on February 15, 2021.

[3] The Applicant sought an order restraining the Respondent from interfering with the subtenants. A formal motion for an injunction was not filed. There was no factum as required pursuant to R. 40.04. I was not prepared to consider the injunction request on the case conference. In any event, I note that the only issue is with respect to the rent paid by the subtenants and as a result, the Applicant may have been unable to satisfy the test that there is irreparable harm.

[4] It is my view that the terms set out in my endorsement dated January 19, 2021 continue to apply. The Applicant is to pay the rent as it comes due. This is $1,500 a month payable on the first of the month and $5,085 payable on the 15th of the month. The amount of rent will be less the amounts the Respondent agrees has been received directly from the subtenants. If the rents are not paid, the Respondents will not be bound by its undertaking to not take steps to remove the Applicant before April 15, 2021. Pursuant to the endorsement, the Respondent is not to interfere with the subtenants if the rent payments are made.

[5] I continue to be seized with respect to any disputes between the parties which may arise up to the date the Applicant is required to vacate the premises.

[6] The Respondent requested costs of today’s case conference. I reserve the issue of costs to the Judge hearing the Application.

DATE: FEBRUARY 10, 2021