Sinclair v Earl Property Trust

The applicant, Sinclair, sought an extension of time to file an application for leave to appeal a decision made by the Residential Tenancy Authority. The application was dismissed by the Tribunal, which ruled that the applicant had not identified any genuine error in need of correction on appeal. The applicant argued that ongoing health issues and administrative errors prevented him from filing on time. The Tribunal considered the matter and found that the applicant had not demonstrated that the delay in filing was due to any genuine error or circumstance beyond his control. The Tribunal held that an extension of time to pursue a case with no reasonable chance of success is futile.

The legal issues before the Tribunal were whether the applicant had demonstrated sufficient grounds for the extension of time to file the application for leave to appeal and whether the application should be dismissed due to the lack of a reasonable chance of success. The Tribunal found that the applicant had not identified any genuine error in need of correction on appeal and that the delay in filing was not due to any circumstance beyond the applicant's control. The Tribunal held that the application for an extension of time to pursue a case with no reasonable chance of success was futile.

The Tribunal dismissed the application for an extension of time to file the application for leave to appeal. The Tribunal found that the applicant had not demonstrated sufficient grounds for the extension of time and that the delay in filing was not due to any circumstance beyond the applicant's control. The Tribunal held that the application for an extension of time to pursue a case with no reasonable chance of success was futile. The appeal tribunal orders that the application for an extension of time to file an application for leave to appeal or appeal is refused.