Lindsay v. Ecuhome Corporation: Divisional Court Rules on LTB Appeal Extensions
Divisional Court grants partial extension for LTB eviction appeal, sets conditions for stay of eviction
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2022
Hearing Date
Oct 2023
Order Date
Oct 20, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Tenant sought extensions of time to challenge three LTB orders, including two from 2022 and an eviction order from 2023. The dispute arose from changes to the tenant's rent-geared-to-income subsidy, leading to increased rent payments. The tenant stopped paying rent in January 2023, resulting in eviction proceedings.
Determinations
- Extension of time granted only for appeal of LTB eviction order
- No extension granted for 2022 LTB orders or judicial review applications
- Automatic stay of LTB eviction order granted, subject to conditions
- Tenant must pay at least $145/month toward rent pending appeal
- Tenant must promptly obtain and provide transcript of LTB eviction hearing
Case Study
The court considered factors for extending time to appeal, including intention to appeal, length and explanation of delay, prejudice to the responding party, and merits of the proposed appeal. For judicial review, the court considered apparent grounds for relief and potential prejudice to the respondent. The tenant's explanations for delay were found insufficient, and the merits of the proposed appeals were weak, particularly regarding the 2022 LTB orders.
Arguments and Actions
Landlord
Arguments
Landlord argued prejudice due to substantial arrears and inability to fulfill its mandate to provide affordable housing to others.
Actions
Landlord commenced eviction proceedings due to non-payment of rent.
Tenant
Arguments
Tenant argued that the LTB was deciding his RGI rent subsidy, which was outside the LTB's jurisdiction. Tenant also claimed breaches of procedural fairness due to inability to access documents during the hearing.
Actions
Tenant stopped paying rent in January 2023. Tenant did not file reviews of the RGI calculations available to him under the separate regime.
Procedural Errors
Tenant failed to file timely appeals and did not deliver a proper motion record or factum for the extension request.
Aggravating Factors
Tenant stopped paying rent in January 2023 and failed to file timely appeals or reviews of RGI calculations.
Decision Summary
The court granted an extension of time only for the appeal of the LTB eviction order, with conditions. Extensions for the 2022 LTB orders and judicial review applications were denied. An automatic stay of the eviction order was granted, subject to the tenant paying at least $145/month toward rent and promptly obtaining a transcript of the LTB eviction hearing.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Lawful Rent
$470
Rent Arrears
$8,293
Source
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