The landlord appealed a Landlord and Tenant Board (LTB) decision finding he served an N12 notice of termination in bad faith and ordering him to pay damages to the tenant.
The landlord filed his Notice of Appeal nearly 60 days late and sought an extension of time.
The Divisional Court dismissed the motion for an extension, finding the landlord failed to demonstrate an intention to appeal within the time limit or provide a satisfactory explanation for the delay.
In the alternative, the court dismissed the appeal on the merits, finding no denial of procedural fairness in the LTB's refusal to grant an adjournment, and rejecting the landlord's argument that the tenant's bad faith application was barred by res judicata.
