Divisional Court Denies Appeal Extension in Lee v. Padathe Rent Dispute: Lee v. Padathe 2023
Divisional Court denies tenant's appeal extension in significant rent increase case, upholding LTB eviction order
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jul 19, 2023
Dispute Summary
Tenant sought an extension of time to file an appeal of two Landlord and Tenant Board decisions. The first decision granted the landlord's request for termination due to rent arrears. The central issue was whether the landlord was exempt from rent increase guidelines. The tenant, living on ODSP, cannot afford the increased rent.
Determinations
- Tenant did not raise meritorious questions of law for appeal
- Board did not err in denying adjournment request
- Board's decision on rent increase exemption not challenged
- Tenant unable to pay current or future rent
Case Study
The court considered factors for granting an extension of time, including intention to appeal, length of delay, prejudice to the responding party, and merits of the appeal. While some factors favored the tenant, the lack of merit in the appeal and ongoing prejudice to the landlord due to non-payment of rent weighed against granting the extension.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant had not met the test for an extension of time to file an appeal.
Actions
Landlord increased rent by more than 50%, which the Board found to be exempt from rent increase guidelines.
Tenant
Arguments
Tenant argued that the Board had an obligation to grant an adjournment as an accommodation for her disability. Tenant also claimed that the hearing was not under oath and the Board failed to consider the authenticity and admissibility of documents.
Actions
Tenant has not paid rent since the Board's March 28 order. Tenant lives on a fixed income from ODSP of $1,104.43 per month.
Procedural Errors
Tenant did not seek a review of the Board's March 28 order within the required 30 days.
Decision Summary
The court dismissed the tenant's motion for an extension of time to file an appeal of the Landlord and Tenant Board's decisions. The court found that the overall justice of the case did not support granting the extension, considering the lack of merit in the appeal and the ongoing prejudice to the landlord due to non-payment of rent.
Adjudicator Details
Divisional Court
Total Orders
8
Landlord Favorable
75.0%
Tenant Favorable
25.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$3,998
Rent Arrears
$6,000
Source
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