Citation and Court Information
DIVISIONAL COURT FILE NO.: 21-532
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: ACKIE DAVIDSON, Appellant
AND: THIVIARUPAN NAGENDIRAM, Respondent
BEFORE: Lederer, Matheson, Sheard JJ.
COUNSEL: Angela Mbuagbaw, for the Appellant Self-represented Respondent
HEARD: December 14, 2021
ENDORSEMENT
1This appeal of a decision of the Landlord Tenant Board, brought by the tenant, was scheduled to be heard today. Despite proper advance notice, the tenant failed to file the required appeal material. Appellant’s counsel has apologized, advising the court that the fault was counsel’s, and requests an adjournment.
2The respondent understandably objects and also submits that the appellant is in arrears of rent and has failed to make hydro payments for quite some time.
3Without excusing the tenant’s behaviour, we are prepared to grant a short adjournment so that the lawyer’s conduct does not prejudice the client, on the following terms:
(1) this appeal is adjourned to the week of January 17, 2022, on a date that week to be set by the court office, which will notify the parties of the date;
(2) the appellant shall have no more adjournments;
(3) the appellant shall pay any rental arrears and all hydro bills in full by December 20, 2021;
(4) the appellant shall serve, and file on CaseLines, all the appeal materials by December 20, 2021;
4We also give the respondent permission to serve and file any additional materials by January 6, 2022, should he wish to do so, including material about whether the appellant fulfilled the above terms.
5The appellant has been told that if the above terms are not fulfilled, the appeal may be dismissed on that basis.
Lederer J.
Matheson J.
Sheard J.
Date: December 14, 2021