Ieraci v Parsons

Tenant wins · 2024-04-05

Adjudicator

FL Myers J.

Dispute

Illegal Eviction, Maintenance

Landlord

F.I.

Tenant

M.P.

Tenant rep

Nan Padmanathan

What happened

Landlord appealed LTB decision that found he illegally evicted Tenant due to flood damage. LTB ordered Landlord to repair unit and provide temporary accommodation. Landlord sought extension to appeal deadline and stay of LTB order, which were denied by Divisional Court.

The ruling

The Divisional Court dismissed the Landlord's request for an extension of time to appeal the LTB decision. The court found that the Landlord failed to demonstrate a valid question of law for appeal, as required by s. 210 of the Residential Tenancies Act. The Landlord's arguments primarily contested the LTB's findings of fact, which are not appealable. The court upheld the LTB's decision that the Landlord illegally evicted the Tenant and maintained the orders for repair and temporary accommodation.