Court File and Parties

CITATION: Vangjeli v. WJ Properties, 2020 ONSC 1625

DIVISIONAL COURT FILE NO.: 606/19 LANDLORD AND TENANT BOARD FILE NO.: TSL-27998-12-RV

DATE: 20200316

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

D.L. CORBETT, PATTILLO and LEDERER JJ.

BETWEEN:

ROMEO VANGJELI and SOTIRAQ VANGJELI Appellant/Applicant (Tenants)

– and –

W J PROPERTIES Respondent (Landlord)

Romeo Vangjeli, acting in person Danielle Muise, for the Respondent (Landlord)

HEARD at Toronto: March 16, 2020

Oral Reasons for Judgment

D.L. CORBETT J. (Orally)

[1] Justice Myers correctly stated the principles on a motion to extend the time to appeal.

[2] Based on the materials before Justice Myers, there is no reasonable explanation for the moving parties’ six-year delay in seeking an extension in the time to appeal and on the record, it is difficult to see a basis to infer an intent to appeal until after the Small Claims Court decision long after the 30 day deadline.

[3] Mr. Vangjeli argued before us that he was delayed because of difficulty obtaining materials form the Landlord and Tenant Board. He had the Landlord and Tenant Board’s order with its file number and was able to access the Landlord Board and Tenant Board record for purposes of moving to extend the time to appeal.

[4] Mr. Vangjeli took no steps in this court until 2019 far, far too late for an extension. We see no error of law or palpable and overriding error of fact in the decision of Justice Myers. The motion is dismissed.

[5] I have endorsed the Record Book as follows: “This appeal is dismissed with costs to the responding party, WJ Properties, fixed at $2,500. Approval as to form and content with; oral reasons.”

D.L. CORBETT J.

I agree _______________________________ L.A. PATTILLO J.

I agree _______________________________ LEDERER J.

Date of Oral Reasons for Judgment: March 16, 2020 Date of Release: March 16, 2020

CITATION: Vangjeli v. WJ Properties, 2020 ONSC 1625

DIVISIONAL COURT FILE NO.: 606/19 LANDLORD AND TENANT BOARD FILE NO.: TSL-27998-12-RV

DATE: 20200316

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

D.L. CORBETT, PATTILLO and LEDERER JJ.

BETWEEN:

ROMEO VANGJELI and SOTIRAQ VANGJELI Appellant/Applicant (Tenants)

– and –

W J PROPERTIES Respondent (Landlord)

ORAL REASONS FOR JUDGMENT

D.L. CORBETT J.

Date of Oral Reasons for Judgment: March 16, 2020 Date of Release: March 16, 2020