Elm Place Inc v Jones: LTB Stays Eviction Order Pending Review
LTB stays eviction order to allow tenant to request review, citing inability to participate due to hospitalization
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 12 Goldfinch Court, North York, ON M2R2C4
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Feb 26, 2024
Dispute Summary
The Tenant requested a review of the order LTB-L-083824-23 issued on January 30, 2024 and that the order be stayed until the review is resolved. The Tenant alleges that they were not reasonably able to participate in the proceeding because they were hospitalized on the hearing date.
Determinations
- Tenant alleges they were not reasonably able to participate due to hospitalization
- Order stayed to preserve Tenant's rights until review is resolved
- Review hearing to determine if request to review should be granted or denied
- If review granted, new hearing on merits of original application
- Failure to attend review hearing may result in costs against Tenant
Case Study
The order is stayed to preserve the rights of the Tenant until the review is resolved. The issue to be determined is whether the Tenant was reasonably able to participate in the proceeding. If the review is granted, a new hearing will be held on the merits of the original application.
Arguments and Actions
Tenant
Actions
Tenant alleges they were hospitalized on the hearing date and were not reasonably able to participate in the proceeding.
Decision Summary
The order LTB-L-083824-23 issued on January 30, 2024 is stayed until otherwise ordered. A review hearing will be scheduled to determine whether the request to review should be granted or denied. If the review is granted, a new hearing will be held on the merits of the original application.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.