Chang, Global Properties v Whissell
Tenant wins · 2017-06-14
- Adjudicator
- Aston J.
- Dispute
- Maintenance
- Amount
- $5-10K
- Landlord
- N.C., Global Properties Limited
- Tenant
- N.W.
What happened
Tenant applied to the Landlord and Tenant Board for an order determining that the landlord failed to meet maintenance obligations or comply with health, safety, housing or maintenance standards. The Board amended the application to name Global Properties Limited as the landlord instead of Nathan Chang, and ordered the company to pay the tenant $5,829.91. The landlords appealed the Board's decision to the Divisional Court.
The ruling
The Divisional Court dismissed the landlords' appeal of the Landlord and Tenant Board's decision. The court ruled that the appeal was not properly before it because the corporate landlord, Global Properties Limited, was not represented by a lawyer as required by Rule 15.01(2) of the Rules of Civil Procedure. The court refused to grant an adjournment to allow the landlords to bring a motion for leave to represent the corporation, noting that Mr. Chang was aware of the rule but chose not to comply. As a result, the Board's original order requiring the landlord to pay the tenant $5,829.91 for maintenance issues remains in effect.