Last updated: August 16, 2024
Dispute resolved in
Agreement
Ordered Amount
$9,034
to Landlord
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Citation: Sivakova v. Timbercreek Asset Management Inc., 2016 ONSC 3975
File Number: TNL-72999-15
Application Date
Jul 2014
Hearing Date
Apr 2016
Order Date
Jun 15, 2016
The court granted a final extension for the tenant to perfect her motion for leave to appeal the Superior Court order and to perfect her appeal of the Landlord and Tenant Board's eviction order. The tenant must perfect both by September 1, 2016. The court dismissed requests for consolidation of appeals and case management. No further motions from the tenant are allowed until the appeals are perfected.
The tenant initially filed an application in Superior Court seeking a determination that the landlord breached its obligations to repair and maintain the rental unit. The landlord later applied to the Landlord and Tenant Board to terminate the tenancy and evict the tenant for non-payment of rent. The tenant appealed the Board's eviction order and sought extensions of time to perfect her appeals in both matters.
The landlord argued that further extensions would be prejudicial and that the tenant's repeated motions were a delay tactic.
The landlord offered to consent to having the Landlord and Tenant Board review the tenant's request for rent abatement based on repair and maintenance complaints if the action is discontinued.
The tenant argued that the Landlord and Tenant Board did not have jurisdiction to evict her because of ongoing litigation in Superior Court.
The tenant deliberately chose not to appear or appeal the decision to convert her application into an action. She has failed to comply with multiple court orders granting extensions of time.
Failure to comply with court orders and deadlines for perfecting appeals
Repeated failure to comply with court orders and deadlines
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Lawful Rent
$1,317
Rent Arrears
$5,293
Other Amount
$3,742
Amount reflecting the Order of the Landlord and Tenant Board under appeal
Ordered Amount
$9,034 (to Landlord)
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