Debra,What does it mean when you have a hearing of appeal at the Divisional Court, Superior Court of Justice? I was of the understanding that on Feb. 6, via the Landlord Tenant Tribunal, that the vice chair had ordered a hearing to see whether or not there was an error in law in granting their reviews. Today we just received a notice that in Oct of 2012 we will also be getting a date for Appeal on their filing. It is called a Notice Of Listing For Hearing (appeal). What does this mean? "This Appeal has been perfected and has been listed for hearing at Brampton".
State/Country relating to question: Canada
Online research. This is in Ontario Canada.
I am a puzzled given there is this review but it means he has appealed the decision to the Court.
He has taken this to a higher level.
He is so sure he is right.
So you may need a lawyer to assist you a bit as this is a high Court.
Ok but what does that letter mean exactly? That they have received the request and will grant a date at that time in October?
His original appeal to the courts was denied as it was beyond the statutory timelines granted, the 30 days
So did he appeal that decision, ie, the decision not to allow the appeal?
What does it say in terms of what is being appealed, exactly?
we are so tapped out of money due to the losses through this that we can't even afford a lawyer on this, so get ready, I will be picking your brain!
Because to me this means he has been granted the right to appeal.
Yes, they appealed the "Appeal" as they claim there was an error in law for his right to review originally, so they submitted to both the Vice Chair of the Tribunal as well as the Divisional Courts
and I am becoming very versed in this now, although, at the RTA and Procedural Law but not the Divisional level at all!
ok, so that doesn't mean he has won his case, or even that it can be reheard, only that he is being granted an appeal hearing and will have to explain at that time why he didn't attend the original hearing then
To me it sounds like he has been given the right to appeal.For sure he's not won.But I don't really know how he got that if he was told he was too late to appeal.
we don't either, however, based on the fact that they claim (and have submitted an over sixty page document in their "book of appeal") that there was a serious error in law for the review, that's all I can figure on this
they were two weeks late in filing the original Divisional Court Appeal
Debra, I have to go to a meeting now, I will be back later on if you have some more time, as I would like to continue on with this discussion and thanks again as always
I will help you through this process but I cannot read documents.So I think you should use the referral service and get a half hour of free legal advice and have someone tell you what needs to be done based on what you have in your hands now.
I will be around for sure.