Citation and Court Information

CITATION: Davidson v. Nagendiram, 2021 ONSC 8241

DIVISIONAL COURT FILE NO.: 21-532

DATE: 20211214

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

[1] This 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.

[2] The 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.

[3] Without 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;

[4] We 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.

[5] The 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