Newmarket Landlord-Tenant Dispute: Barkhordarian v Plaskitt 2024
LTB stays Newmarket landlord's eviction orders, schedules review hearing on tenant's request
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 157 Cherrywood Dr, Newmarket, ON L3Y2X6
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Feb 20, 2024
Dispute Summary
The tenant requested a review of order LTB-L-021861-23 issued on January 15, 2024, alleging that the order contains a serious error and that they were not reasonably able to participate in the proceeding. The order is stayed until the review is resolved. Order LTB-L-005541-24 and amended order LTB-L-005541-24-A0 are also stayed as they are ex parte orders alleging a breach of the order under review.
Determinations
- Tenant alleges order contains serious error and they were not reasonably able to participate
- Order LTB-L-021861-23 is stayed until review is resolved
- Order LTB-L-005541-24 and amended order LTB-L-005541-24-A0 are also stayed
- Review hearing to be scheduled to determine if request to review should be granted or denied
- If review is granted, a new hearing will be held on the merits of the original application
Case Study
The issues to be determined are: (a) whether the Member failed to comply with section 82(1) by issuing an order on the L1 application without resolving the Tenant applications that were scheduled to be heard with the L1 application; (b) whether the Member's exercise of discretion, particularly with respect to timing, was outside the range of reasonable, acceptable outcomes; and (c) whether the Member erred by implementing relief from eviction without receiving submissions from the Tenant on the nature and form of the relief.
Arguments and Actions
Tenant
Arguments
The tenant alleges that the order contains a serious error and that they were not reasonably able to participate in the proceeding.
Decision Summary
The order LTB-L-021861-23 issued on January 15, 2024 is stayed until the review is resolved. Order LTB-L-005541-24 and amended order LTB-L-005541-24-A0 are also stayed. A review hearing will be scheduled to determine if the request to review should be granted or denied.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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