Timeliness for Appeals (LTB): Difference between revisions
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[[CATEGORY:APPEALS]] | [[CATEGORY:APPEALS]] | ||
==Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319== | |||
[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. | [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. | ||
Revision as of 18:54, 23 March 2023
Daly v. 1916800 Ontario Ltd. 2019 ONSC 6319
[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.
