A panel of 3 Divisional Court Judges has dismissed the appeal of a tenant who owed over $50,000 in rent and who was nearly 3 years in default on her rent payments.
After her initial default the tenant entered into a mediated agreement under which she had to make certain payments, failing which her tenancy would terminate. Not surprisingly, the tenant defaulted on the mediated agreement and failed to make any payments at all over the following 20 months.
The tenant appealed the eviction order and successfully had her own appeal adjourned one time. She tried to have the hearing adjourned a second time by failing to show up and instead sending a friend who handed the court a hospital note. The Divisional Court refused to grant the adjournment, citing prejudice to the landlord, and dismissed the appeal in the tenant's absence as being devoid of merit.
Originally published on Slaw by litigator Matt Maurer.
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