Zalcman v. Medicoff

Landlord wins · Toronto · 2018-11-07

Adjudicator

C. Horkins J.

Dispute

Damage to Property, Eviction, Non-payment of Rent

Amount

$10-20K

Landlord

J.Z., E.S.

Tenant

Z.M.

Landlord rep

Ian Klaiman

Tenant rep

John David Ekpenyong

What happened

The tenant appealed two Landlord and Tenant Board orders: one for eviction due to persistent late rent payments, and another for damages to the rental unit. The Divisional Court quashed both appeals. The tenant then sought to extend time to appeal the Divisional Court decision, while continuing to illegally occupy the unit after eviction.

The ruling

The court dismissed the tenant's motion to extend time for appeal, finding it an abuse of process. The tenant was prohibited from commencing further proceedings without leave and ordered to pay costs. The court emphasized the tenant's pattern of disrespecting orders and manipulating the legal process.