The appellant tenants brought a motion to extend the time to perfect their appeal of a Landlord and Tenant Board eviction order, over six years after filing the notice of appeal.
The eviction order was originally based on the tenants' failure to address a pigeon nuisance on their balcony and denying the landlord access.
The Divisional Court applied the test for extending time and found that the tenants lacked a bona fide intention to appeal, failed to adequately explain the 6.5-year delay, and that the landlord suffered prejudice.
The motion was dismissed, resulting in the dismissal of the appeal for delay.
