The tenants brought a motion for an extension of time to appeal a Landlord and Tenant Board decision that terminated their tenancy for rent arrears.
The Board had found the landlord was exempt from rent increase guidelines, resulting in a substantial rent increase the tenants could not afford.
Applying the test for an extension of time, the court found that while the tenants had an intention to appeal and a reasonable explanation for the delay due to medical issues, the proposed appeal lacked merit and the ongoing accumulation of arrears caused significant prejudice to the landlord.
The motion for an extension of time was dismissed.
