Valitchka and Reyes v. Brewda, 2010 ONSC 4527

1This matter was argued before me as a motion for leave to appeal to the Divisional Court from the decision of the Landlord and Tenant Board which evicted the appellants from their rented residence on March 30, 2010.

2Under s.210 of the Residential Tenancies Act the tenants have an appeal to the Divisional Court from the order of the Board as of right, within 30 days of the Board’s decision. I have no jurisdiction to grant or refuse leave to appeal.

3The notice of motion for leave to appeal begins as follows: “The applicants appeal to the Ontario Court of Justice Divisional Court … from the judgment of the Landlord and Tenant Board …” I think that this document, which was served on the landlord, can fairly be construed as a notice of appeal. I direct the registrar to assign the case a file number and to treat it as an appeal to the Divisional Court as of right. This direction is not intended to preclude the respondent from arguing that the appeal was filed out of time.

J.A. Ramsay J.