Seibert v. Juhasz, 2011 ONSC 5466

DAMBROT J. (orally)

1This is an application to extend time to appeal from an eviction order made under the Landlord and Tenant Act. The tenant has resided in the building from which he has been ordered evicted for thirty-three years and from the specific unit for eighteen years.

2In considering whether to extend the time to file a notice of appeal, the Court should consider:

(i) Whether the appellant formed an intention to appeal within the relevant period.

(ii) The length of the delay and explanation for the delay.

(iii) Any prejudice to the respondent.

(iv) The merits of the appeal.

(v) Whether justice of the case requires it.

3I am satisfied that the appellant formed an intention to appeal within the relevant time period, that the delay in bringing the appeal is short and has been adequately explained and that there would be no prejudice occasioned by granting the extension of time. The only real issue is the question whether there are arguable merits of this appeal and whether the justice of the case requires the extension.

4The stumbling block for the applicant is identifying an arguable ground of appeal on a question of law alone. One of the issues raised by the applicant is the proper interpretation and applicability of s.72(2)(a) of the Act which, if it is applicable, would preclude an eviction order.

5I will not comment on the strength of this argument but I would note that no judicial interpretation of this provision has ever been made. In my view, the appellant is entitled to seek such an interpretation and the justice of the case would favour him in this respect. As a result, the application is allowed.

6The applicant will have fifteen days from today’s date to file the notice of appeal.

COSTS

7Application granted for oral reasons delivered in Court. No order as to costs.