Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Order Date
Jul 29, 2024
The Divisional Court dismissed the tenant's motion to extend the time to appeal the LTB's eviction order. The court found that the tenant did not exercise diligence in pursuing her appeal rights and did not present a valid question of law for appeal as required by the Residential Tenancies Act.
Tenant appealed an LTB decision that upheld her eviction for violating a prior order requiring her to maintain cleanliness of the rental unit. The tenant sought an extension of time to appeal the LTB's decision to the Divisional Court.
Landlord had responded promptly to previous refrigerator issues reported by the tenant.
Tenant argued that the LTB failed to consider all circumstances, including the landlord's alleged failure to maintain and repair the rental unit, when deciding whether to set aside the eviction order.
Tenant claimed refrigerator issues forced her to store perishables on the balcony and in the bathtub. Tenant had been living in a shelter for 1.5 years due to alleged uninhabitable conditions of the unit.
Tenant waited over two months to apply for reconsideration of the LTB order and filed the appeal to Divisional Court two weeks after the 30-day appeal period.
Tenant conceded to violating a prior LTB order regarding unit cleanliness, attempted to hide garbage in the bathtub
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