Potofsky v. Chen
Jeffrey Potofsky
Law Firm / Organization
Self Represented
Jinlin Chen
Law Firm / Organization
Not Specified

Background:
Jeffrey Potofsky (Appellant/Tenant) and Jinlin Chen (Respondent/Landlord) were involved in a dispute over rental arrears and eviction orders issued by the Landlord and Tenant Board. Mr. Potofsky appealed and sought to extend the time to file for leave to appeal, along with a stay of eviction orders.

Legal Issues:

  1. Whether to grant an extension of time for Mr. Potofsky to file for leave to appeal orders from October 1 and 3, 2024.
  2. Whether a stay of eviction orders should be granted pending appeal.

Court Findings:

  • The court dismissed the motion for an extension of time, finding no merit in the appeal. Mr. Potofsky failed to demonstrate an intention to appeal within the prescribed deadlines or provide a valid explanation for the delay.
  • The court also denied a stay, determining that the appeal lacked a serious issue to be tried, and Mr. Potofsky failed to show irreparable harm or a balance of convenience in his favor.
  • The court noted that Mr. Potofsky owed over $100,000 in rental arrears and failed to comply with prior court-ordered conditions to pay rent.

Decision:
The motion was dismissed. Costs were awarded to Jinlin Chen, the successful party, in the all-inclusive amount of $1,500.

Court of Appeal for Ontario
COA-23-OM-0344
Civil litigation
$ 1,500
Respondent