Divisional Court Dismisses Tenant's Appeal in Rosen v. Reed, 2024 ONSC 4337: Rosen v. Reed 2024
Tenant's appeal dismissed due to delay tactics in Toronto eviction case
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 29 Queens Quay East, Toronto, ON M5E0A4
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Aug 2, 2024
Dispute Summary
The Landlord obtained an eviction order against the Tenant for non-payment of rent. The Tenant has made multiple attempts to delay the enforcement of the eviction order, including appealing the order, bringing a motion to void the order, requesting a review of the voiding order, and appealing the voiding order and review order. The Landlord brought a motion to dismiss the Tenant's latest appeal due to delay in perfecting the appeal.
Determinations
- Tenant failed to perfect appeal on time
- Tenant's actions constitute delay tactics
- No plausible reasons provided for failure to meet deadline
- Dismissal of appeal is just and reasonable
Case Study
The court found that the Tenant's failure to perfect the appeal on time, coupled with the history of delay tactics, justified dismissing the appeal. The court noted that almost a year and a half had passed since the original eviction order, and the Tenant had not provided any plausible reasons for failing to meet the appeal perfection deadline.
Arguments and Actions
Landlord
Arguments
Landlord argued for dismissal of the appeal due to delay in perfecting and the history of delay tactics by the Tenant.
Actions
Landlord opposed Tenant's requests for extensions and changes to the appeal process, expressing concern about delay tactics.
Procedural Errors
Failure to request a specific amount for costs and to file a bill of costs in the motion to dismiss the appeal
Tenant
Arguments
Tenant attempted to void the eviction order under subsection 74(11) of the Residential Tenancies Act, claiming to have paid a sufficient amount to void the order before enforcement.
Actions
Tenant appealed the original eviction order, brought a motion to void the eviction order, requested a review of the voiding order, and appealed the voiding order and review order. Tenant also requested additional time to perfect the appeal and asked for the appeal to be heard by a panel instead of a single judge.
Procedural Errors
Failure to perfect appeal on time, failure to provide plausible reasons for delay
Aggravating Factors
Multiple attempts to delay enforcement of eviction order, failure to pay previous cost award, failure to perfect appeal on time
Decision Summary
The court dismissed the Tenant's appeal of the Voiding Order and Review Order due to delay in perfecting the appeal. The appeal hearing scheduled for September 4, 2024, was vacated. No additional costs were awarded due to the Landlord's failure to provide a bill of costs.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$10,000
Costs awarded to Landlord from previous appeal
Source
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