Latham v. Marazzi

Tenant wins · 2022-12-07

Adjudicator

Justice O'Brien

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.M.

Tenant

R.L.

Landlord rep

B. Moldaver

Tenant rep

K. Wakely

What happened

Tenant seeks extension of time to appeal LTB decision terminating tenancy for landlord's personal use. LTB issued original termination order on July 20, 2022, which was confirmed in a review order on November 16, 2022. Tenant failed to file appeal within 30 days of original order but still has time to appeal review order.

The ruling

The court allowed the tenant's motion for an extension of time to appeal the original LTB order. The tenant is granted permission to file a Notice of Appeal for both the original order and the review order by December 9, 2022. The court found that the overall justice of the case favored granting the extension, considering the administrative error in releasing the review order and the tenant's right to appeal the review order.