Wright v. Lallion

Tenant wins · 2024-04-29

Adjudicator

Justice O'Brien

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

J.L.

Tenant

M.W., G.D.

What happened

Tenant appealed two Landlord and Tenant Board orders: an ex parte order terminating the tenancy for non-payment of rent, and a denial of the tenant's request for review. The tenant filed the appeal late and sought an extension of time, which was granted with conditions. The landlord then moved to quash the appeal due to the tenant's non-compliance with court directions.

The ruling

The Divisional Court dismissed the landlord's motion to quash the tenant's appeal of two Landlord and Tenant Board orders. The court found that the tenant's delay was not inordinate and that the tenant had substantially complied with court directions. The appeal is scheduled to proceed with a hearing in July 2024.