CITATION: Seibert v. Juhasz, 2011 ONSC 5466
DIVISIONAL COURT FILE NO.: 393/11
DATE: 20110916
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
DAVID SEIBERT
Appellant
– and –
AGNES JUHASZ
Respondent
Robert Di Vincenzo, for the Appellant
Jane Ferguson, for the Respondent
HEARD at Toronto: September 16, 2011
DAMBROT J. (orally)
[1] This 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.
[2] In 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.
[3] I 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.
[4] The 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.
[5] I 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.
[6] The applicant will have fifteen days from today’s date to file the notice of appeal.
COSTS
[7] Application granted for oral reasons delivered in Court. No order as to costs.
DAMBROT J.
Date of Reasons for Judgment: September 16, 2011
Date of Release: September 21, 2011
CITATION: Seibert v. Juhasz, 2011 ONSC 5466
DIVISIONAL COURT FILE NO.: 393/11
DATE: 20110916
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DAMBROT J.
BETWEEN:
DAVID SEIBERT
Appellant
– and –
AGNES JUHASZ
Respondent
ORAL REASONS FOR JUDGMENT
DAMBROT J.
Date of Reasons for Judgment: September 16, 2011
Date of Release: September 21, 2011