Shearer v. Oz

Landlord wins · 2024-04-04

Adjudicator

D.L. Corbett

Dispute

Eviction

Landlord

E.O., J.O.

Tenant

C.S., J.S.

What happened

Tenants sought leave to appeal an LTB decision that dismissed their second motion to void a prior LTB eviction order. The LTB had dismissed the tenants' motion because it was brought under the wrong section of the Residential Tenancies Act. The Divisional Court dismissed the tenants' motion for leave to appeal, citing lack of jurisdiction to hear appeals from interlocutory LTB decisions.

The ruling

The Divisional Court dismissed the tenants' motion for leave to appeal the LTB's decision, citing lack of jurisdiction to hear appeals from interlocutory LTB decisions. The court advised that the tenants should continue with the ongoing process at the LTB, and only pursue an appeal or judicial review after the LTB proceedings are concluded.