The tenant appealed a review order of the Landlord and Tenant Board that denied her request for an extension of time to set aside an ex parte eviction order.
The Divisional Court allowed the appeal, finding that the Board erred in law by failing to consider all the mandatory factors under Rule 15.6 of its Rules of Practice, specifically the length of the delay and the prejudice to the parties.
The Court noted the delay was only two days and the tenant, who is on permanent disability and resides in subsidized housing, would suffer severe prejudice if evicted, whereas the landlord would suffer minimal prejudice.
The Court set aside the Board's decision, granted the extension of time, and stayed the eviction order pending a hearing on the merits.
