Last updated: August 16, 2024
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Citation: Collins v. McCarthy, 2018 ONSC 872
File Number: DC-17-868
Hearing Date
Feb 2018
Order Date
Feb 5, 2018
The court dismissed the tenant's motion requesting the Landlord and Tenant Board to produce transcripts and documentary evidence. The court ruled that it is the appellant's responsibility to order transcripts and prepare the appeal book according to the Rules of Civil Procedure. The appeal was adjourned to allow the appellant 30 days to comply with the rules.
Tenant appealed a Landlord and Tenant Board decision to the Divisional Court. Tenant brought a motion requesting the LTB to produce transcripts and documentary evidence from the original hearing. The court dismissed the motion, ruling that it is the appellant's responsibility to order transcripts and prepare the appeal book.
Tenant argued that Rule 61.09(2) of the Rules of Civil Procedure and s. 20(d) of the Statutory Powers Procedure Act require the Landlord and Tenant Board to produce the transcripts and record.
Tenant filed an appeal of an LTB decision and brought a motion requesting the LTB to produce transcripts and documentary evidence.
Tenant misinterpreted the rules regarding the responsibility for ordering transcripts and preparing the appeal book.
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