Stephanie Sutherland

The tenant brought a motion for an extension of time to appeal a Landlord and Tenant Board eviction order.

The tenant missed the appeal deadline by approximately two weeks due to confusion over hearing dates.

The court granted the extension of time, finding the delay was short and the tenant had an intention to appeal.

However, the court imposed terms requiring the tenant to pay $1,000 per month towards substantial rental arrears pending the appeal.

The court declined to stay the eviction, as it had already been enforced, and declined to prevent the landlord from re-renting the premises.

The tenant appealed several Landlord and Tenant Board orders terminating her tenancy for non-payment of rent.

The tenant had previously agreed to a consent order to pay arrears but failed to do so on time, leading to an ex parte eviction order.

The Divisional Court dismissed the appeal, finding no error of law or procedural unfairness in the LTB's refusal to set aside the eviction order.

The court held that the LTB properly considered the tenant's circumstances and balanced the rights of both parties under the Residential Tenancies Act.

The applicant condominium corporation sought a declaration that the respondents breached sections 117 and 119 of the Condominium Act, 1998, by repeatedly refusing entry to their unit for necessary flood and mould repairs.

The applicant also sought an order compelling access for inspection and repairs.

The court found the respondents' conduct to be deliberately uncooperative, causing significant delays and creating a potential risk of damage to property and injury to other residents due to spreading mould.

The application was granted, ordering access for repairs, and the respondents were held responsible for the applicant's costs.