Lim v. Toronto Community Housing Corporation: Divisional Court Dismisses Appeal Extension
Divisional Court denies tenant's motion to extend time for appealing LTB decisions on noise complaints in Toronto community housing
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Feb 1, 2023
Dispute Summary
Tenant sought leave to extend time to appeal LTB decisions dismissing her claim that the landlord substantially interfered with her reasonable enjoyment by failing to address complaints of noise and harassment from other tenants.
Determinations
- Motion to extend time to appeal LTB decisions dismissed
- No justification for extending time to bring motion
- No basis to vary previous order denying extension
- Proposed appeal was regarding factual findings not subject to appeal
- No error of law or procedural unfairness shown in LTB decisions
Case Study
The court found no justification to extend the time for bringing the motion, as it was not brought promptly. Even if time had been extended, the court found no basis to vary the previous order, as the proposed appeal was regarding factual findings which are not subject to appeal under the RTA, and no error of law or procedural unfairness was shown.
Arguments and Actions
Landlord
Arguments
Landlord submitted that any new complaints should be pursued in a new LTB application.
Actions
Landlord argued that tests for granting leave to extend time and admit fresh evidence were not met.
Tenant
Arguments
Tenant argued for extension of time to appeal LTB decisions and to vary previous court order denying extension.
Actions
Tenant sought to introduce fresh evidence of alleged continued noise and harassment complaints occurring after the LTB decisions.
Procedural Errors
Tenant failed to bring motion promptly within required timeframe.
Decision Summary
The Divisional Court dismissed the tenant's motion to extend time to appeal LTB decisions. The court found no justification for the delay in bringing the motion and no basis to vary the previous order denying an extension. The court noted that the tenant could bring new complaints occurring after the LTB decision in a new LTB application.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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