Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
to Landlord
Agree with the ruling?
Hearing Date
Apr 2024
Order Date
Apr 29, 2024
The Divisional Court dismissed the landlord's motion to quash the tenant's appeal of two Landlord and Tenant Board orders. The court found that the tenant's delay was not inordinate and that the tenant had substantially complied with court directions. The appeal is scheduled to proceed with a hearing in July 2024.
Tenant appealed two Landlord and Tenant Board orders: an ex parte order terminating the tenancy for non-payment of rent, and a denial of the tenant's request for review. The tenant filed the appeal late and sought an extension of time, which was granted with conditions. The landlord then moved to quash the appeal due to the tenant's non-compliance with court directions.
Landlord argued that the appeal should be quashed due to the tenant's delays and non-compliance with court directions.
Landlord obtained an ex parte order for termination of tenancy due to non-payment of rent. Landlord moved to quash the tenant's appeal due to delays and non-compliance with court directions.
Tenant argued for an extension of time to file the appeal, citing confusion about hearing dates and demonstrating commitment to the appeal process through continued payments.
Tenant failed to attend the initial LTB hearing due to confusion about hearing dates. Tenant made late payments in January and February as required by court order. Tenant continued to make $1,000 monthly payments to landlord even after vacating the rental unit.
Tenant failed to make reasonable inquiries to clarify confusion about hearing dates. Tenant did not propose a schedule for exchange of materials as required by court order.
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Rent Arrears
$35,000
Other Amount
$1,000
Monthly payment ordered by court during appeal process
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