Rathnayaka v. 650 Parliament Residences

Split/Other wins · Toronto · 2024-02-08

Adjudicator

Leiper J.

Dispute

Eviction

Landlord

650 PARLIAMENT RESIDENCES

Tenant

U.S.R.

Landlord rep

Charlie Bobrowsky

What happened

The tenant brought a motion to extend the time to file an appeal from an order of eviction made by the Landlord and Tenant Board on August 30, 2023. The tenant alleged that he and other tenants were required to live elsewhere after their building was damaged by an electrical fire in 2018, and that a class action lawsuit has been brought against the landlord. The tenant also described his financial struggles as a student and part-time ride sharing driver during this period.

The ruling

The court granted the tenant's motion for an extension of time to file an appeal from the eviction order. The tenant is required to serve and file a Notice of Appeal within 15 days and to continue paying rent as a term of maintaining the stay. The parties are to confer on a schedule for the exchange of materials on the appeal.