Are you a residential landlord who won your case against your tenant, but now your tenant has filed an appeal in Divisional Court?
This can be a costly, time-consuming, and frustrating experience, especially if the appeal was filed in bad faith, with no apparent legitimate legal reason to do so.
A landlord’s fastest and most efficient course of action should be to proceed with a motion to quash the appeal. A motion to quash is typically utilized sparingly by the Divisional Court and is only granted in the proper circumstances.
Use the "Book now" button on this page to speak with a lawyer to help you with a situation like this.
Our lawyers charge hourly fees for this type of service. The hourly rate depends on the seniority of the lawyer assigned to the case. A non-refundable consultation fee is charged for your initial consultation, and retainer fees start at $5,000+HST. Court fees and other out-of-pocket expenses are additional.
If you are successful in your appeal, you can claim some (or possibly all) of your legal costs against your tenant. However, we suggest that you keep in mind that your tenant may or may not have the money to satisfy any such cost award.
As it turns out, appeals can be complex and costly legal endeavors, but they are a necessary part of our justice system. Having an experienced lawyer by your side will make all the difference at this level of court. Paralegals are not permitted to represent clients in Divisional Court.