Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
to Landlord
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Citation: Rosen v. Reed, 2024 ONSC 4337
File Number: 254/24
Order Date
Aug 2, 2024
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.
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.
Landlord argued for dismissal of the appeal due to delay in perfecting and the history of delay tactics by the Tenant.
Landlord opposed Tenant's requests for extensions and changes to the appeal process, expressing concern about delay tactics.
Failure to request a specific amount for costs and to file a bill of costs in the motion to dismiss the appeal
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.
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.
Failure to perfect appeal on time, failure to provide plausible reasons for delay
Multiple attempts to delay enforcement of eviction order, failure to pay previous cost award, failure to perfect appeal on time
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Other Amount
$10,000
Costs awarded to Landlord from previous appeal
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