Request to Extend Time (LTB)

Landlord and Tenant Board - Rules of Procedure

16.1 Except where an extension of time is prohibited by the RTA, the LTB may consider a request to extend or shorten time for doing anything if the request is:

a) in writing;

b) provides reasons in support of the request; and

c) filed as required by these Rules.

16.2 Absent exceptional circumstances, a request to extend time to file a:

a) landlord's motion to set aside an order made under s.74(6);

b) tenant's motion to set aside an order made under s.77(4);

c) tenant's motion to set aside an order made under s.78(6) or (7);

d) landlord's application for a determination of whether grounds for refusing consent to an assignment of a site for a mobile home are reasonable;

e) landlord's request for a review of a work order;

f) request to amend an order; and

g) request to review a decision or order must be filed together with the motion, application or request.

16.3 If an extension of time is granted where the document was not filed with the request the LTB will direct that the document be filed, and any filing fee be paid, by a specific date failing which the document will be refused.

16.4 The following factors may be considered in deciding requests to extend or shorten any time requirement under the RTA or these Rules:

a) the length of the delay, and the reason for it;

b) any prejudice a party may experience;

c) whether any potential prejudice may be remedied;

d) whether the request is made in good faith; and

e) any other relevant factors.

16.5 A request to extend or shorten time may be decided without requesting submissions from other parties to the application.

16.6 Where a request to extend or shorten time is denied, the requesting party may not make further requests to extend or shorten the same time requirement.

16.7 If the request to extend or shorten time is granted, the document is deemed to be received on the date on which the party filed it.