Faraone v. 285 Spadina SPV Inc.

Landlord wins · 2023-06-02

Adjudicator

Leiper J.

Dispute

Appeal Of Lower Court Decision, Non-payment of Rent

Amount

>$20K

Landlord

R.F., J.F.

Tenant

R.H.

Landlord rep

Rob Moubarak, Adam Zweig

What happened

The landlords sought security for costs and judgment from the tenant, who appealed a lower court decision ordering termination of tenancy and payment of $115,165.55 in rent arrears plus $13,721.21 in costs. The tenant had not paid rent since early 2022 and continued to occupy the unit without paying rent after filing the appeal.

The ruling

The court ordered the tenant to post security for costs and judgment in the amount of $143,886.87 within 15 days, failing which the appeal would be dismissed. The tenant was also ordered to pay full monthly rent on time pending the appeal, starting June 15, 2023. The court set a timetable for the appeal process and ordered the tenant to pay $7,500 in costs for the motion.