Obermuller v. Kenfinch Co-operative Housing Inc.
Extension of time to file notice to review was refused because the appellant unexplainedly delayed bringing the motion and the eviction had already occurred, making the sought relief moot and incapable of restoring tenancy.
Source-derived case information.
- Citation
- 2016 ONCA 21
- Parties
- Applicant: Cheryl Obermuller; Respondent: Kenfinch Co-operative Housing Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 January 2016
- Procedural Posture
- Appeal (extension of Time to File Notice to Review) / Court of Appeal Endorsement on Motion to Extend Time and Review Order
- Outcome
- Motion to extend time to file notice to review refused; review of Epstein J.A.'s order denied as moot; no costs awarded.
- Legal Topics
- Extension of Time, Stay Pending Appeal, Mootness, Subsidy Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cheryl Obermuller
Applicant
Kenfinch Co-operative Housing Inc.
Respondent
Procedural Posture
Appeal (extension of Time to File Notice to Review) / Court of Appeal Endorsement on Motion to Extend Time and Review Order
Legal Issues
- 1 Whether an extension of time should be granted to file a notice to review
- 2 Whether a stay of eviction should have been granted pending application for leave to appeal
- 3 Whether the matter is moot because the eviction has occurred
Ratio Decidendi
Extension of time to file notice to review was refused because the appellant unexplainedly delayed bringing the motion and the eviction had already occurred, making the sought relief moot and incapable of restoring tenancy.
Court Disposition
Motion to extend time to file notice to review refused; review of Epstein J.A.'s order denied as moot; no costs awarded.
Orders
- Extension of time to file notice to review refused
- Review of the order of Epstein J.A. denied as moot because eviction has occurred
Full Case Text
Judgment text and source record
1 paragraphs
Obermuller v. Kenfinch Co-operative Housing Inc. Collection Decisions of the Court of Appeal Date 2016-01-14 Neutral citation 2016 ONCA 21 Docket numbers M45261, M45601 Judges Weiler, Karen Merle Magnuson; LaForme, Harry Smith; Huscroft, Grant Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Obermuller v. Kenfinch Co-operative Housing Inc., 2016 ONCA 21 DATE: 20160111 DOCKET: M45601 (M45261) Weiler, LaForme and Huscroft JJ.A. BETWEEN Cheryl Obermuller Applicant (Moving Party) and Kenfinch Co-operative Housing Inc. Respondent (Respondent) Cheryl Obermuller, acting in person Celia Chandler, for the respondent Heard: January 11, 2016 APPEAL BOOK ENDORSEMENT [1] We see no error in the decision of Sharpe J.A. to refuse to grant an extension of time to file notice to review the order of Epstein J.A. Justice Epstein had refused to stay the appellant’s eviction pending her application for leave to appeal. Justice Sharpe noted the appellant’s delay in bringing the motion before him and the fact the eviction had long, since occurred, made the matter moot. Even accepting the appellant’s submission that she understood she had 30 days within which to appeal the order and not four days, there was unexplained delay in her bringing the motion. Her eviction has now taken place so an order granting an extension of time and allowing a review of the order of Epstein J.A. could not restore her tenancy. [2] Although it is clear that there is a considerable amount of arrears of rent owing, before us, the respondent acknowledged that the appellant has never had a hearing as to her entitlement to a full subsidy and that, depending on the outcome of any such hearing, the amount that has been determined she owes might be reduced. That aspect of the case is beyond our jurisdiction on this review. It would, however, appear to be a relevant consideration if the appellant proceeds with her motion with leave to appeal. [3] Given the circumstances, we are not inclined to award costs.