Landlord and Tenant Board Grants Review Request Due to Technical Issues: Bendzsel v Turner and Davidson 2022
LTB grants landlord's request to review order due to technical difficulties at hearing
Summarized by RentZenLast updated: July 22, 2024
Case Summary
150 Hughson Street South, Hamilton, ON L8N2B4
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Feb 1, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was resolved by order SOL-19980-21 issued on October 26, 2021. The Landlord later requested a review of the order, alleging they were not reasonably able to participate in the hearing held by the Board on October 5, 2021, due to technical difficulties with being admitted to the video conference.
Determinations
- Landlord and Representative tried numerous times to join the video conference but were never admitted into the hearing room
- Landlord's Representative also tried to call into the hearing but was never admitted
- Landlord's Representative emailed the Board on the day of the hearing to inquire why they were not admitted, but received no response
- Landlord's Representative tried to gain access to the hearing until 4:30 pm with no success
- Landlord's application is dismissed without prejudice
- Landlord's request to review is granted
- Tenants had no evidence with respect to the Landlord's ability to participate in the hearing
Case Study
The Landlord's request to review the order was granted, as the Board was satisfied on a balance of probabilities that the Landlord and their Representative were not reasonably able to participate in the hearing on October 5, 2021, due to technical difficulties with being admitted to the video conference. The Landlord then sought the consent of the Board to withdraw the application, which was granted, and the Board's file was closed.
Decision Summary
The Landlord's request to review the order was granted, as the Board was satisfied that the Landlord and their Representative were not reasonably able to participate in the hearing on October 5, 2021, due to technical difficulties. The Landlord then sought the consent of the Board to withdraw the application, which was granted, and the Board's file was closed.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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