Court File and Parties

CITATION: Ainsley v. Proulx, 2023 ONSC 6308

DIVISIONAL COURT FILE NO.: 556/23

DATE: 2023-11-15

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ANDREW AINSLEY, Appellant/Tenant

AND: MICHEL PROULX, Respondent/Landlord

BEFORE: Matheson J.

COUNSEL: Self-represented Appellant/Tenant Jessica Byles-Nolet, for the Respondent/Landlord Valerie Crystal, for the Landlord and Tenant Board

HEARD: In writing.

Endorsement

[1] The tenant seeks to appeal the interim review order of the Landlord and Tenant Board (“LTB”) dated September 8, 2023 (the “Review Decision”), under which the LTB granted the landlord’s request to review an LTB decision between these parties dated May 26, 2023.

[2] The LTB had dismissed the landlord’s application to terminate the tenancy in order to demolish the unit. However, as set out in the Review Decision, the LTB was persuaded that a serious error had been made and sent the landlord’s application back for a new LTB hearing.

[3] With respect to the tenant’s proposed appeal of the Review Decision, the Registrar was directed to send out a notice under r. 2.1 of the Rules of Civil Procedure because the Review Decision is an interlocutory order. As a result, there is no right of appeal (see this Court’s decision in Delic v. Enrietti-Zoppo, 2022 ONSC 1627).

[4] Under r. 2.1, the tenant would ordinarily have 15 days to provide written submissions in response to the notice under r. 2.1. However, the tenant asked for time to consult a lawyer before his appeal was withdrawn. The tenant was given 30 days to respond to the notice under r. 2.1. However, there has been no response.

[5] Subrule 2.1.01(1) authorizes the court to dismiss an appeal as frivolous or vexatious or otherwise an abuse of the process of the court. However, r. 2.1 should only be used for “the clearest of cases”: Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, at para. 8. This is a clear case. This court has no jurisdiction to hear the proposed appeal.

[6] Since the LTB ordered that the application be heard again, the application has not yet been finally decided by the LTB. Once the LTB makes a final decision on the landlord’s application, the tenant will have a right to appeal and may raise the Review Decision as a ground of appeal provided that the issue the tenant wishes to raise is a question of law.

[7] This appeal is therefore dismissed, without costs.

Matheson J.

Released: November 15, 2023