Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Tenancy End Date
Sep 2023
Application Date
Apr 2024
Hearing Date
Jul 2024
Order Date
Jul 29, 2024
The motion to extend the time for appeal is dismissed. The court finds that the tenant has not presented an issue of law for appeal, and that the tenant did not exercise diligence in appealing the decision.
Tenant was evicted from her rental unit for violating a prior order of the Landlord and Tenant Board requiring her to maintain the cleanliness of the rented premises. The tenant moved to set aside the eviction order but was unsuccessful. The tenant is seeking to appeal the decision, but the court is limited to hearing questions of law and finds that the tenant's concerns are primarily about the weighing of factors by the Presiding Board Member, which does not present a question of law for appeal.
Tenant argued that the landlord's failure to maintain the refrigerator caused her to store unrefrigerated food, and that this should be considered in determining the fairness of the eviction order.
Tenant stored perishable food in her bathtub and on her balcony due to a refrigerator issue, which the landlord addressed in a timely manner.
Tenant did not exercise diligence in appealing the decision within the 30-day time limit.
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