Login|Contact Us
Question and Answer

Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

NA-611

 

Customer Question

In 2010 obtained a vesting order in a property of my ex-husband, in the account of child support (the amount owed was more than the value of the property). My X gave a "verbal tenancy agreement" to a friend of his at 45% the market value of such apartment. In June 2012 I obtained a LTB Order for that "tenant" to evacuate the apartment. He asked LTB for a Review and the Original Order was upheld. The Sheriff was scheduled to enforce the LTB Order on July 2012. The tenant served me, by mail the 1. Notice of Appeal to Divisional Court and 2.Appelant's Certificate respecting evidence. I received them on July 5th. Apparently, he actually went to Court and filed the Appeal on the 4th of July and also received a "Certificate of Stay" of the LTB on July 4th. As per rule 16.03 he was supposed to file the Appeal AFTER I was served. How can I bring this to the Divisional Court' s attention so the Sheriff can still enforce the LTB Order? Are there any cases that you can send me (just the title) where "filing" the Appeal

 was voided? Thank you, Felicia

Hi, it is me again: I probably need advice on how to bring this matte in front of a Judge to actually lift the automatic stay...under Rule 63.01(5)....  It should be fast because the buyer of the apartment s waiting for vacant possession for over  18 months now....the closing date has been moved 7 times already because of this "tenant's refusal to vacate the property"....He is paying $850/month for a 2-bedroom condo type downtown Toronto, while the Monthly Maintenance fees are more than $787...which leaves less the  $63/month for the ACTUAL rent.....

 

Optional Information:
Country relating to Question: Canada

Already Tried:
Read The Civil Rules procedures

Submitted: 277 days and 7 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED
Picture
Expert:  Fran-mod replied 276 days and 22 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 276 days and 21 hours ago.

Hi,


I've done more research and now my question is more narrow:


Since the "tenant" appeals the LTB eviction Order at the Ontario Divisional Court. and my vesting Orders were granted by the Superior Court of Justice based on a Trial Order upheld by the Ontario Court of Appeal, if I want the automatic stay (imposed by the filing of the Appeal), to be lifted (based on Rule 63.01(5)) what should I do? Where to bring a "Motion", in which Court? Or is it enough to file The Respondent's Factum in the Divisional Court?


I need the stay to be lifted so that the "tenant" can be evicted and the apartment sold.....


Also, rule 16.03 I was served on the eveningJuly 5th (the xpresspost mail arrived at my residence) and the "tenant" filed the Appeal with the Divisional Court on July 4th, when he also obtained a "Certificate of Stay".


Evenmore, in his certificate of respective evidence he lied, by listing a tenancy agreement between I and him. There is no tenancy agreement between us and, in the last 21 months, he never produced a written tenancy agreement between him and my ex, the former owner of the apartment.


Thank you!

Felicia

Picture
Expert:  Fran-mod replied 276 days and 21 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Customer replied 276 days and 21 hours ago.

I will be waiting. Thank you!

Felicia

Picture
Expert:  Fran-mod replied 274 days and 22 hours ago.

Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!

Customer replied 274 days and 21 hours ago.

Hi,

Thank you, XXXXX XXXXX already found some answers.


Regards,
Felicia

 
Tweet

Lawyers are Online Right Now

Ask Your Question Now
Canada Law Questions Date Submitted
My boy friend is muslim and already married with two kids. 3/6/2013
My husband willed a house he owned to his sister. She has always 3/1/2013
Corporation X hires Consultant A's services for the development/editing 2/14/2013
does being refused and banned for 2yrs during student visa application 2/13/2013
Hi my name is xxxxxxxx 1/28/2013
My wife and I have been the defendants in a civil case that 1/26/2013
Revenue Qc asked for proof of a daycare expenses I paid In 1/18/2013
I own my home. I currently have someone who is renting a room 12/16/2012
disown your daughter 11/30/2012
Can I get my $800 deposit back from car dealer?a) there 11/29/2012
RSS
Next 10 >
Ask A Lawyer
Type Your Canada Law Question Here...
characters left:

Top Canada Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
90 Lawyers are Online Now
Type Your Canada Law Question Here...
characters left:
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC