Timeliness for Appeals (LTB): Difference between revisions
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==Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319== | ==Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319<ref name="Daly"/>== | ||
[31] The respondent argues that Ms. Daly is out of time to challenge the December 20, 2017 decision of the Board. The respondent does not argue that the appeal from the Board’s review decision is out of time. | <span style=background:yellow>[31] The respondent argues that Ms. Daly is out of time to challenge the December 20, 2017 decision of the Board. The respondent does not argue that the appeal from the Board’s review decision is out of time.</span> | ||
[32] Section 210(1) of the Residential Tenancies Act provides that an appeal to the Divisional Court is to be brought within 30 days. | [32] Section 210(1) of the Residential Tenancies Act provides that an appeal to the Divisional Court is to be brought within 30 days. | ||
[33] Ms. Daly commenced her appeal on February 22, 2018, which is less than 30 days after the issuance of the review decision on January 30, 2018. | <span style=background:yellow><b><u>[33] Ms. Daly commenced her appeal on February 22, 2018, which is less than 30 days after the issuance of the review decision on January 30, 2018.</b></u></span> | ||
[34] Counsel for the respondent provided no authority in support of his position that, where a review is sought, a party must nevertheless commence an appeal within 30 days of the original decision in order to challenge that decision in the Divisional Court. | [34] Counsel for the respondent provided no authority in support of his position that, where a review is sought, a party must nevertheless commence an appeal within 30 days of the original decision in order to challenge that decision in the Divisional Court. | ||
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[35] Imposing such a requirement defeats the purpose of allowing parties to seek an internal review of the decision prior to bringing an appeal to the Divisional Court. | [35] Imposing such a requirement defeats the purpose of allowing parties to seek an internal review of the decision prior to bringing an appeal to the Divisional Court. | ||
[36] Therefore, we are not prepared to dismiss the appeal from the December 20, 2017 decision on the basis that the appeal was brought too late. | <span style=background:yellow>[36] Therefore, we are not prepared to dismiss the appeal from the December 20, 2017 decision on the basis that the appeal was brought too late.</span> | ||
<ref name="Daly">Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319, <[[File:Daly-v-1916800-ontario-ltd-2019-onsc-6319.pdf]]>, retrieved 3/23/2023</ref> | |||
==References== | ==References== | ||
Latest revision as of 19:04, 23 March 2023
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2181 |
| Page Categories: | [APPEALS] |
| Citation: | Timeliness for Appeals (LTB), CLNP 2181, <https://rvt.link/4x>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2023/03/23 |
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Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319[1]
[31] The respondent argues that Ms. Daly is out of time to challenge the December 20, 2017 decision of the Board. The respondent does not argue that the appeal from the Board’s review decision is out of time.
[32] Section 210(1) of the Residential Tenancies Act provides that an appeal to the Divisional Court is to be brought within 30 days.
[33] Ms. Daly commenced her appeal on February 22, 2018, which is less than 30 days after the issuance of the review decision on January 30, 2018.
[34] Counsel for the respondent provided no authority in support of his position that, where a review is sought, a party must nevertheless commence an appeal within 30 days of the original decision in order to challenge that decision in the Divisional Court.
[35] Imposing such a requirement defeats the purpose of allowing parties to seek an internal review of the decision prior to bringing an appeal to the Divisional Court.
[36] Therefore, we are not prepared to dismiss the appeal from the December 20, 2017 decision on the basis that the appeal was brought too late.
References
- ↑ 1.0 1.1 Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319, <File:Daly-v-1916800-ontario-ltd-2019-onsc-6319.pdf>, retrieved 3/23/2023
