Last updated: August 16, 2024
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Citation: Homesky Properties Inc. v. Sugunan, 2024 ONSC 1365
File Number: 405/23, 472/23, 710/23, 720/23 and 024/24
Hearing Date
Feb 2024
Order Date
Mar 6, 2024
The Divisional Court dismissed two appeals as abandoned, lifted the stays of eviction for three other appeals, and quashed those appeals for delay and abuse of process. The court found that the tenant had failed to pay arrears or ongoing rent as directed, had not filed required materials, and had likely been profiting from subtenancies while not paying rent to the landlords.
The tenant, Velauthapillai Sugunan, appealed multiple eviction orders from the Landlord and Tenant Board for five different rental units in Toronto. The appeals were related to substantial rent arrears. The tenant had a pattern of not attending hearings and requesting adjournments due to illness. The Divisional Court addressed these appeals jointly.
Landlords argued that the appeals should be dismissed for delay and as an abuse of process.
Landlords provided evidence of substantial rent arrears and tenant's failure to pay as directed by the court.
Tenant claimed inability to participate in hearings due to illness.
Tenant repeatedly sought adjournments due to claimed illnesses, failed to attend hearings, and did not pay rent or arrears as directed by the court.
Tenant failed to order recordings or file required materials for appeals within the specified timeframe.
Tenant repeatedly sought adjournments claiming illness, failed to pay rent, and likely profited from subtenancies without remitting rent to landlords.
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