Court File and Parties

Court File No.: CV-21-668108 Date: 2022-03-29 Superior Court of Justice - Ontario

Re: 580 Christie Co-Ownership Inc., Applicant And: Miha Halik, Respondent

Before: W.D. Black J.

Counsel: Jake Fine, for the Applicant Miha Halik, representing himself

Heard: March 21, 2022

Endorsement

[1] The Applicant requested and attended a case conference in this matter on March 21, 2022. The Respondent did not attend, despite receiving notice.

[2] The ongoing issues between the parties have been before me in the past and also before my colleague, Justice Brown, (see my endorsements of October 13 and 28, 2021, and Justice Brown’s endorsement of November 1, 2021).

[3] The Respondent has continued to refuse, contrary to the agreement governing his occupancy of his unit, to allow representatives of the Applicant, or public health and safety personnel, to access his unit. He has also failed, contrary to the Order of Justice Brown, to provide to the Applicant a key to his unit.

[4] In the recent past, (as described in my previous endorsements and that of Justice Brown), this created an emergency situation relative to an ongoing leak of water and urine from the Respondent’s unit.

[5] Eventually and only with the assistance of this Court, the Applicant was able to access the unit and undertake the necessary repairs.

[6] However, in part as a result of observations of the unit while the repairs were undertaken, the Applicant is concerned about the overall state of the Respondent’s unit, and in particular, that it shows evidence of “hoarding”, accumulation of debris, pest infestation and significant risk of fire, (and potentially other deleterious health and safety impacts).

[7] Other than the court-ordered entry to make repairs to the leak, which was over the Respondent’s objection, involved access to only a limited part of the unit and required supervision from Toronto Police Services, the Respondent has refused entry to the Applicant and to the Fire Inspector, and the Respondent continues to refuse to provide a key to the unit to the Applicant, in ongoing contravention of Justice Brown’s direction.

[8] Given the increasingly dangerous conditions within the unit, the Applicant seeks to arrange an urgent hearing date and seeks certain related Orders to facilitate that urgent hearing.

[9] I agree that the situation is untenable and potentially dangerous.

[10] I direct therefore that this matter be set for an urgent hearing as soon on April 19, 2022.

[11] The Applicant’s materials are to be served immediately (by April 1, 2022), and I confirm that service by regular mail and by sliding a copy of the materials under the door of the Respondent’s unit, shall be effective (inasmuch as the Respondent has refused personal service throughout the proceedings to date).

[12] The Respondent shall have until April 8, 2022, to deliver responding materials.

[13] If the Respondent fails to deliver responding materials, then the urgent hearing can be conducted in writing during the week of April 18.

[14] A copy of this endorsement shall be provided to the Respondent together with the Application materials and in the same fashion described in paragraph 11 above.

W.D. Black J. Date: March 29, 2022