Court File and Parties

Court File No.: CV-25-00751489-0000 Date: 2025-12-29 Superior Court of Justice - Ontario

Re: 2771586 Ontario Inc., Plaintiff And: Mykhailo Zgurskiy, Defendant

Before: Paul B. Schabas J.

Counsel: Vikram Bhandari and Raghav Vig, for the Plaintiff Mykhailo Zgurskiy, Self-represented Defendant

Heard: December 29, 2025

Endorsement

[1] This application is brought pursuant to the Residential Tenancies Act, 2006, SO 20065, c. 17 for a writ of possession for 17 and 19 High Point Road, Toronto, and an order for payment of arrears of rent, utilities and costs.

[2] As the monetary amounts owing exceed the jurisdiction of the Landlord Tenant Board, this application is properly brought to this Court: Kaiman v. Graham, 2009 ONCA 77 at para. 15; Ly Innovative Group Inc. v. Facilitate Settlement Corporation, 2023 ONSC 6932 at para. 59.

[3] The uncontradicted evidence of the applicant corporation is that the respondent has failed to pay rent or utilities as required by the lease agreements between the parties since May 2025. This application was served in September 2025. The respondent filed no materials in response to the application. On November 22, 2025, the applicant sought an urgent hearing date, on notice to the respondent. On December 18, the hearing was set to be heard on December 29, 2025. The applicant filed additional material on December 23 and 24 2025. The respondent filed responding materials on December 24, 2025.

[4] At the hearing, the respondent admitted that he has not paid rent. His responding material did not contain any sworn evidence but consisted of various text messages and other communications with Nafeez Chowdhury, who had signed the lease agreements on behalf of the applicant, corporate owner of the property.

[5] As the respondent explained to me, he believed he had some kind of agreement or was negotiating an agreement with Mr. Chowdhury on a business venture, and therefore did not pay rent. However, despite being put on notice of this application since September 2025, the respondent has filed no evidence of any agreement excusing him from paying rent, such as an affidavit from Mr. Chowdhury. Nor did the respondent indicate any intention to pay rent or pay the arrears at the hearing of this application.

[6] The applicant's evidence of non-payment of rent, outstanding arrears and utilities is therefore uncontradicted and the relief sought is granted. The applicant is also entitled to costs on a partial indemnity basis of $4,250.00, including HST and disbursements.

Schabas J.

Date: December 29, 2025