Tenant Wins Extension to Appeal LTB Eviction: Latham v. Marazzi, 2022 ONSC 6912
Tenant granted extension to appeal LTB eviction order for landlord's personal use
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2022
Order Date
Dec 7, 2022
Dispute Summary
Tenant seeks extension of time to appeal LTB decision terminating tenancy for landlord's personal use. LTB issued original termination order on July 20, 2022, which was confirmed in a review order on November 16, 2022. Tenant failed to file appeal within 30 days of original order but still has time to appeal review order.
Determinations
- LTB review order is appealable
- Tenant demonstrated intention to challenge original order by pursuing review
- Delay in filing appeal not overly lengthy given circumstances
- Some prejudice to landlord but not sufficient to deny extension
- Appeal has some merit due to question of law on RTA interpretation
Case Study
The court considered factors for extending time to appeal, including intention to appeal, length of delay, prejudice, and merits. The recent issuance of the LTB review order and the tenant's pursuit of review process favored granting the extension. The court found the appeal had some merit due to a question of law regarding interpretation of RTA sections on landlord's personal use.
Arguments and Actions
Landlord
Arguments
Landlord argues that the LTB's decision to refuse the request for review is not appealable and that the tenant did not demonstrate an intention to appeal within the required timeframe.
Actions
Landlord sought to terminate tenancy for personal use, intending to move into the rental unit.
Procedural Errors
Landlord did not file an affidavit with the specific required wording for personal use eviction.
Tenant
Arguments
Tenant argues there is a question of law regarding the interpretation of sections 71.1(1) and (2) and 72(1)(a) of the Residential Tenancies Act, 2006, concerning the landlord's affidavit requirements for personal use evictions.
Actions
Tenant filed a request for review of the original LTB order instead of immediately filing an appeal.
Procedural Errors
Tenant failed to file Notice of Appeal within 30 days of the original LTB order.
Decision Summary
The court allowed the tenant's motion for an extension of time to appeal the original LTB order. The tenant is granted permission to file a Notice of Appeal for both the original order and the review order by December 9, 2022. The court found that the overall justice of the case favored granting the extension, considering the administrative error in releasing the review order and the tenant's right to appeal the review order.
Adjudicator Details
Divisional Court
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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