Sivakova v. Timbercreek: Court Grants Final Extension in Tenant Appeal
Court grants final extension for tenant to perfect appeals in maintenance and eviction dispute, balancing compassion with need for legal finality
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
$9,034
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2014
Hearing Date
Apr 2016
Order Date
Jun 15, 2016
Dispute Summary
The tenant initially filed an application in Superior Court seeking a determination that the landlord breached its obligations to repair and maintain the rental unit. The landlord later applied to the Landlord and Tenant Board to terminate the tenancy and evict the tenant for non-payment of rent. The tenant appealed the Board's eviction order and sought extensions of time to perfect her appeals in both matters.
Determinations
- Extension granted for perfecting leave to appeal and appeal
- Consolidation of appeals dismissed
- Case management request dismissed
- No further motions from tenant allowed until appeals perfected
Case Study
The court considered factors for granting an extension of time, including length and explanation of delay, prejudice to the respondent, merits of the appeal, and justice of the case. While acknowledging the need for finality, the court granted a final extension due to the tenant's circumstances, including the psychological impact of her son's death.
Arguments and Actions
Landlord
Arguments
The landlord argued that further extensions would be prejudicial and that the tenant's repeated motions were a delay tactic.
Actions
The landlord offered to consent to having the Landlord and Tenant Board review the tenant's request for rent abatement based on repair and maintenance complaints if the action is discontinued.
Tenant
Arguments
The tenant argued that the Landlord and Tenant Board did not have jurisdiction to evict her because of ongoing litigation in Superior Court.
Actions
The tenant deliberately chose not to appear or appeal the decision to convert her application into an action. She has failed to comply with multiple court orders granting extensions of time.
Procedural Errors
Failure to comply with court orders and deadlines for perfecting appeals
Aggravating Factors
Repeated failure to comply with court orders and deadlines
Decision Summary
The court granted a final extension for the tenant to perfect her motion for leave to appeal the Superior Court order and to perfect her appeal of the Landlord and Tenant Board's eviction order. The tenant must perfect both by September 1, 2016. The court dismissed requests for consolidation of appeals and case management. No further motions from the tenant are allowed until the appeals are perfected.
Adjudicator Details
Divisional Court
Total Orders
3
Landlord Favorable
0.0%
Tenant Favorable
66.7%
Mutual Agreement
33.3%
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Financial Details
Lawful Rent
$1,317
Rent Arrears
$5,293
Other Owed Amount
$3,742
Amount reflecting the Order of the Landlord and Tenant Board under appeal
Total Owing
$9,034 (Owed to Landlord)
Source
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