The moving party tenant sought an extension of time to file a Notice of Appeal from a Landlord and Tenant Board order terminating his tenancy for the landlord's own use.
The tenant had requested a review of the original order, but due to an administrative error, the LTB's review order dismissing the request was not released until months later.
Applying the Enbridge Gas factors, the court found that the tenant demonstrated a bona fide intention to appeal, the delay was reasonably explained by waiting for the review order, and the proposed appeal raised a question of law regarding the statutory affidavit requirements.
The motion for an extension of time was granted.
