Homesky Properties Inc. v. Sugunan

Landlord wins · 2024-03-06

Adjudicator

Leiper J.

Dispute

Eviction, Non-payment of Rent

Landlord

Homesky Properties Inc., Capreit Limited Partnership, Renato Developments, 3201 Lawrence Avenue East Apartments, 30 Gilder Drive Apartments

Tenant

V.S.

Landlord rep

P. Portman, S. Toole

Tenant rep

Mr. Phang

What happened

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.

The ruling

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.