Tyler J. Nivins

The respondent in a Small Claims Court appeal brought a motion for case management directions due to the appellant's delay in moving the appeal forward since January 2020.

The Divisional Court imposed a strict timetable, ordering the appellant to order trial transcripts and perfect the appeal by specified dates.

The court directed that failure to meet the deadlines would allow the respondent to seek an order dismissing the appeal.

The appellants appealed a Landlord and Tenant Board decision terminating their tenancy.

The appeal was adjourned on the condition that the appellants pay rent as it fell due.

During the COVID-19 pandemic, a case management conference was scheduled, but the appellants failed to attend and had failed to pay rent for April and May.

The Divisional Court dismissed the appeal due to non-attendance and non-compliance with the adjournment order, granting the landlord permission to move for an eviction order, while allowing the appellants to move to set aside the dismissal if they had not abandoned the appeal.