Court File and Parties

COURT FILE NO.: TBA

DATE: 20211022

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: CHERRY COLA’S ROCK ‘N’ ROLLA INC. Applicant

AND:

WAI CHOI Respondent

BEFORE: Chalmers, J.

COUNSEL: R. Macklin and S. Gill for the Applicant

W. Choi, in person

HEARD: October 21, 2021 by teleconference

ENDORSEMENT

[1] On May 7, 2021, I made an order granting a declaration that the Respondent is barred from evicting the Applicant from the subject premises subject to any further order of the court. Counsel for the Applicant advises that the endorsement and order was sent by e-mail to the Respondent at waichoigeneralcontractng@hotmail.com on May 8, 2021.

[2] On October 9, 2021, the Respondent purported to evict the Applicant from the premises. The Respondent with the assistance of AAA Mr. Bailiff (2000) changed the locks. The Applicant requested an urgent case conference to seek an injunction to maintain the status quo and to schedule a date for a motion for contempt.

[3] On the case conference today, the Respondent took the position that he had not received the order and endorsement dated May 7, 2021. Although there is evidence that the order was sent by e-mail on May 8, 2021, I asked counsel for the Applicant to send another copy to the Respondent by e-mail. The Respondent confirmed receipt of the order and endorsement during the case conference.

[4] I advised the Respondent that my order provides that there can be no eviction until there is a court order varying my earlier order dated May 7, 2021. I also advised the Respondent that he may have a valid reason for seeking a variance to allow for the eviction however, he cannot take any steps to do so until after there is a motion brought to vary the order. The Respondent understood and confirmed that no steps would be taken to evict the Applicant before the motion can be heard. He also confirmed that the Applicant may retain a locksmith to change the locks on the building today, so the Applicant can open for business this evening.

[5] I direct the Respondent to contact my assistant; annamaria.tiberio@ontario.ca to schedule a date for the hearing of the motion to vary my order dated May 7, 2021. The Applicant’s motion for contempt may be heard at the same time. I remain seized.

[6] Costs of the case conference are reserved to the hearing of the motion(s).

DATE: October 22, 2021