Waiting to Retain Legal Representative at the Last Minute Could Prove Fatal. The Divisional Court upheld tenant eviction order of the Landlord & Tenant Board, rejecting the tenant’s argument that the Board erred in not granting him the requested adjournment. In this case, the Divisional Court ruled that the Board reasonably refused to grant an adjournment given the lack of any documentation being filed to explain why the tenant couldn’t attend or why he waited so long to retain the legal representative. This was especially so because:
- the Board extended the invitation to the legal representative to call the tenant and allow him to participate by telephone, which was refused by the tenant’s legal representative; and
- the tenant’s legal representative was present to conduct cross-examinations of the Landlord’s witnesses; and
Zareski v. Umar, 2022 ONSC 356
https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc356/2022onsc356.html