3 total
Appeal dismissed; landlord's eviction notice for commercial conversion found to be in bad faith.
The landlord appealed an LTB decision dismissing his application to evict the tenant and convert the unit to commercial use.
The LTB had found the landlord failed to obtain necessary permits and did not act in good faith, having served the eviction notice the same day the tenant won a previous LTB application declaring the unit residential.
The Divisional Court dismissed the appeal, upholding the LTB's factual finding that the eviction notice was not served in good faith, as it was an attempt to undo the tenant's prior success.
Landlords' appeal of LTB decision dismissed as arguments raised unappealable questions of fact.
The landlords appealed a Landlord and Tenant Board decision dismissing their application for termination and compensation for water damage to the rental unit's flooring.
The Board had found that while the tenant's mopping caused the damage, it was not reasonably foreseeable and therefore not negligent.
The Divisional Court dismissed the appeal, holding that the landlords' arguments challenged findings of fact and mixed fact and law, which are not appealable under section 210(1) of the Residential Tenancies Act.
Motion to extend time for service of amended claim dismissed due to unexplained delay and potential prejudice.
The plaintiff brought a motion to extend a court-ordered deadline for serving an amended statement of claim to add a winter maintenance contractor as a defendant.
The presumptive limitation period had expired, but a previous order allowed the addition based on discoverability, setting a service deadline of March 31, 2016.
The plaintiff failed to meet this deadline and delayed over two years before bringing this motion.
The court dismissed the motion, finding the plaintiff failed to adequately explain the delay, show inadvertence, or prove that the proposed defendant would not suffer prejudice.
