Divisional Court Dismisses Tenant's Appeal: Tariq v. Naz, 2023 ONSC 335
Divisional Court rejects tenant's late appeal of LTB decision, citing lack of legal grounds and unjustified delay
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Tenant
$1,430
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2018
Hearing Date
Sep 2022
Order Date
Jan 12, 2023
Dispute Summary
Tenant appealed an LTB decision awarding him $1,450 in compensation from the landlords for claims arising from his tenancy in a basement apartment. The Divisional Court dismissed the tenant's motion for an extension of time to appeal the LTB decision.
Determinations
- Tenant failed to provide good explanation for delay in filing appeal
- Notice of Appeal focused on issues of fact rather than law
- Tenant's claims were overblown and unreasonable
- Justice of the case weighed against granting extension to appeal
Case Study
The court found that the tenant failed to provide a good explanation for the delay in filing the appeal, and that the Notice of Appeal focused on issues of fact rather than law, which is not permissible for appeals from the LTB. The court also noted that the tenant's claims were overblown and unreasonable, and that the justice of the case weighed against granting an extension to appeal.
Arguments and Actions
Landlord
Actions
Landlords locked the tenant out of the premises on July 31, 2018, without due process.
Aggravating Factors
Landlords evicted the tenant without due process
Tenant
Arguments
Tenant argued that the LTB made an error in remedy based on incorrect information.
Actions
Tenant claimed $40,000 for a trip to Pakistan to obtain copies of degree certificates, which the court described as 'outlandish in the extreme'.
Procedural Errors
Tenant failed to file the appeal within the required 30-day period and did not provide a good explanation for the delay.
Aggravating Factors
Tenant made overblown and unreasonable claims for damages
Decision Summary
The Divisional Court dismissed the tenant's motion for an extension of time to appeal the LTB decision. The court found that the tenant failed to provide a good explanation for the delay, the appeal focused on issues of fact rather than law, and the justice of the case weighed against granting an extension.
Adjudicator Details
Divisional Court
Total Orders
19
Landlord Favorable
79.0%
Tenant Favorable
15.8%
Mutual Agreement
5.3%
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Financial Details
Damages
$1,430
Total Owing
$1,430 (Owed to Tenant)
Source
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