Plaintiff
Defendant
The case Radice Management Services v. Baum, 2024 ONSC 5758, involves a motion for default judgment by the landlord, Radice Management Services Inc., against the tenant, Alex Balm (incorrectly named as Alex Baum). The main issues and conclusions are summarized as follows:
Background: The tenant failed to pay rent under a lease agreement. The landlord sought unpaid rent, possession of the premises, and correction of a misnomer in the case title.
Liability: The court found the tenant liable for unpaid rent as he failed to defend the case, which, under Ontario rules, deems the allegations in the claim admitted.
Damages: The landlord was awarded $111,656.15 for rent and utilities owed as of October 15, 2024. This amount was beyond the jurisdiction of the Landlord and Tenant Board, allowing the court to intervene under section 207 of the Residential Tenancies Act.
Possession: The court ordered the tenant to vacate the premises within 30 days, citing its authority under both the Residential Tenancies Act and its inherent jurisdiction.
Correction of Misnomer: The court granted the landlord's request to amend the tenant’s name from "Alex Baum" to "Alex Balm."
Costs: The landlord was awarded $18,748.56 in legal costs.
In conclusion, the court ruled in favor of the landlord on all points, including damages, possession, and costs.
Court
Superior Court of Justice - OntarioCase Number
CV-23-712131Practice Area
Civil litigationAmount
$ 18,749Winner
PlaintiffTrial Start Date
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