) ) VALERIE HENRY Tenant (Appellant) – v. –, 2013 ONSC 453

CITATION : Henry v. Li, 2013 ONSC 453 DIVISIONAL COURT FILE NO.: 468/12 DATE: 20130118 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: ) ) VALERIE HENRY Tenant (Appellant) – and – YONG YU LI Landlord (Respondent) )) )) )) )) ))) No One Appearing Eric Freedman , for the Landlord ) ) ) HEARD at Toronto: January 18, 2013 HARVISON YOUNG J. (orally) [ 1 ] The appellant has not appeared but has notified the Court and the parties that she is ill and seeks an adjournment which is opposed by the respondent landlord. I note that the appellant did submit a medical note.

The medical note however is very vague, saying only that she is not able to work and giving no specifics whatsoever. [ 2 ] There are two motions before the Court. In the first one, the appellant moves for an order permitting her to file the transcript which she has prepared herself of the hearing before the Landlord and Tenant Board, and the second motion is the one brought by the respondent seeking an order quashing the appeal. In the alternative, the respondent landlord seeks an order for security for costs.

An order lifting the stay and granting the rental arrears in the amount of $2,759.36 to be paid to the respondent or into Court. [ 3 ] The landlord opposes the relief sought by Ms. Henry including the adjournment and argues that the appeal of the August 2012 Rental Board Order is entirely devoid of merit, frivolous and vexatious. Having heard the submissions and considering the appellant’s assertion that she is too ill to attend today, I adjourn this motion until February 1, 2013 at 10:00 a.m. on the following terms: (

i) The appellant is to pay the respondent landlord the amount of $2,759.36 in certified funds no later than January 25, 2013, failing which the landlord may move without notice before the Registrar of this Court and upon affidavit evidence of non-compliance, the Registrar shall lift the stay of the eviction order; (ii) This adjournment is peremptory on the appellant; (iii) Approval as to form and content by the appellant of the form of the Order obviously is dispensed with; and, [ 4 ] Costs of today are reserved to the hearing of the main motions.

HARVISON YOUNG J. Date of Reasons for Judgment: January 18, 2013 Date of Release: January 18, 2013 CITATION : Henry v. Li, 2013 ONSC 453 DIVISIONAL COURT FILE NO.: 468/12 DATE: 20130118 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT HARVISON YOUNG J. BETWEEN: VALERIE HENRY Tenant (Appellant) – and – YONG YU LI Landlord (Respondent) ORAL REASONS FOR JUDGMENT HARVISON YOUNG J. Date of Reasons for Judgment: January 18, 2013 Date of Release: January 18, 2013