Teixeira v. Akelius Canada Ltd.: Court Denies Extension for Eviction Appeal
Court denies tenant's appeal extension, upholds eviction order for $19891 rent arrears
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$19,891
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jan 12, 2024
Dispute Summary
Tenant sought extension of time to appeal a Landlord and Tenant Board order that terminated the tenancy due to non-payment of rent. The tenant failed to file the appeal within the 30-day deadline and subsequently filed a motion for an extension of time. The landlord opposed the extension, citing significant rent arrears and ongoing prejudice.
Determinations
- Tenant failed to file appeal within 30-day deadline
- Tenant did not comply with court-ordered rent payments
- Landlord experiencing ongoing prejudice due to significant rent arrears
- Proposed appeal grounds lack merit
- Extension of time to file appeal denied
- Stay of eviction lifted
Case Study
The court applied the test from Enbridge Gas Distribution v. Froese to determine whether to grant an extension of time. While the delay in seeking the extension was not long, the court found that the justice of the case did not support granting the extension. The tenant failed to comply with court-ordered payments, had not filed a notice of appeal, and did not demonstrate merit in the proposed appeal grounds.
Arguments and Actions
Landlord
Arguments
Landlord opposed the extension of time, citing ongoing prejudice due to non-payment of rent.
Actions
Landlord provided evidence of significant rent arrears totaling $19,891.40.
Tenant
Arguments
Tenant claimed he did not receive notice of the initial Board hearing, was unable to raise the issue of illegal entry, and that the Board's calculations of rent owed were incorrect.
Actions
Tenant failed to file appeal within the 30-day deadline. Tenant has not paid any rent since August 1, 2022. Tenant did not comply with court-ordered payments of monthly rent and arrears during the stay of eviction.
Procedural Errors
Tenant mistakenly believed the 30-day appeal period began from the date the Board's stay was lifted, rather than the date of the Board's order.
Aggravating Factors
Tenant has not paid any rent since August 1, 2022, accumulating significant arrears. Tenant failed to comply with court-ordered payments during the stay of eviction.
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 order terminating the tenancy. The court lifted the stay of eviction, allowing the landlord to enforce the Board's termination order. The tenant was ordered to pay $2,000 in costs to the landlord.
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
$1,093
Rent Arrears
$19,891
Total Owing
$19,891 (Owed to Landlord)
Source
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