Pickford v. Zewdie

Pickford v. Zewdie

Extension of time to file the notice of appeal was denied because the applicant failed to provide a credible, reasonable explanation for the more-than-six-month delay and failed to show he took timely or reasonable steps to file the appeal or have it filed by an agent; therefore the Tenancies Board order remained in effect.

Citation
2004 NSSM 38
Parties
Appellant/applicant: Charles Pickford; Respondent/respondent: Lesianu Zewdie
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 May 2004
Procedural Posture
Application for Extension of Time to File Appeal of Residential Tenancies Order / Decision on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed; extension of time to file notice of appeal denied; Residential Tenancies Order dated October 21, 2003 remains in effect.
Legal Topics
Extension of Time, Appeal Period, Service, Vacant Possession, Stay, Eviction
Source Language
English
Residential Tenancies Civil Procedure Landlord and Tenant Small Claims Court Extension of Time Appeal Period Service Vacant Possession +2 more

Case Brief

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Parties

Charles Pickford

Appellant/applicant

Lesianu Zewdie

Respondent/respondent

Procedural Posture

Application for Extension of Time to File Appeal of Residential Tenancies Order / Decision on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether to extend time for filing a notice of appeal beyond the ten day period under s.17C(2) of the Residential Tenancies Act
  2. 2 Whether the applicant provided a reasonable explanation for the delay
  3. 3 Whether the applicant acted promptly and with reasonable diligence once able to pursue the appeal

Ratio Decidendi

Extension of time to file the notice of appeal was denied because the applicant failed to provide a credible, reasonable explanation for the more-than-six-month delay and failed to show he took timely or reasonable steps to file the appeal or have it filed by an agent; therefore the Tenancies Board order remained in effect.

Court Disposition

Application dismissed; extension of time to file notice of appeal denied; Residential Tenancies Order dated October 21, 2003 remains in effect.

Orders

  • Application to extend time dismissed
  • Tenant Charles Pickford ordered to deliver vacant possession of 6182 Quinpool Road, Halifax, Nova Scotia on or before May 28, 2004