Collins v. McCarthy

Landlord wins · 2018-02-05

Adjudicator

C. Horkins

Dispute

Appeal Of Ltb Decision

Landlord

S.M., L.A.A.M.

Tenant

R.M.C.

What happened

Tenant appealed a Landlord and Tenant Board decision to the Divisional Court. Tenant brought a motion requesting the LTB to produce transcripts and documentary evidence from the original hearing. The court dismissed the motion, ruling that it is the appellant's responsibility to order transcripts and prepare the appeal book.

The ruling

The court dismissed the tenant's motion requesting the Landlord and Tenant Board to produce transcripts and documentary evidence. The court ruled that it is the appellant's responsibility to order transcripts and prepare the appeal book according to the Rules of Civil Procedure. The appeal was adjourned to allow the appellant 30 days to comply with the rules.