Divisional Court Quashes Multiple Tenant Appeals: Homesky Properties Inc. v. Sugunan, 2024
Divisional Court quashes tenant's multiple appeals and lifts eviction stays due to abuse of process and non-payment across five rental properties
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Mar 6, 2024
Dispute Summary
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.
Determinations
- Tenant failed to pay arrears and ongoing rent as directed
- Tenant did not file required materials or order recordings for appeals
- Appeals were found to be an abuse of process
- Stays of eviction were lifted
- Appeals were quashed
Case Study
The court found that the tenant had abused the legal process by repeatedly seeking adjournments, failing to pay rent, and likely profiting from subtenancies while not remitting rent to the landlords. The court determined that the appeals were without merit and an abuse of process.
Arguments and Actions
Landlord
Arguments
Landlords argued that the appeals should be dismissed for delay and as an abuse of process.
Actions
Landlords provided evidence of substantial rent arrears and tenant's failure to pay as directed by the court.
Tenant
Arguments
Tenant claimed inability to participate in hearings due to illness.
Actions
Tenant repeatedly sought adjournments due to claimed illnesses, failed to attend hearings, and did not pay rent or arrears as directed by the court.
Procedural Errors
Tenant failed to order recordings or file required materials for appeals within the specified timeframe.
Aggravating Factors
Tenant repeatedly sought adjournments claiming illness, failed to pay rent, and likely profited from subtenancies without remitting rent to landlords.
Decision Summary
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.
Adjudicator Details
Superior Court of Justice – Ontario Divisional Court
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.