Landlord Ordered to Pay Costs for Failing to Withdraw Application - Grow Ontario Property Management Inc v Setzkorn
Landlord ordered to pay costs for failing to withdraw LTB application
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7 Grosvenor Ave S, Hamilton, ON L8M3K8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Apr 2024
Order Date
May 10, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- The Board Vice Chair was entitled in the circumstances to order the Landlord to pay costs of $400.00.
- The Landlord's explanation for failing to withdraw this and other applications is not reasonable.
- The request to review the order must be denied.
Case Study
The order requiring the Landlord to pay costs is consistent with the Board's Rules of Procedure and is reasonable in the circumstances. The Landlord's explanation for failing to withdraw this and other applications is not reasonable, as a reasonable person would have informed the Board of a private settlement between the parties to allow the Board to cancel the scheduled hearing(s) and to use the freed time more productively. The Landlord's, or its legal representative's, omission to take this simple step was not reasonable and caused the Board to lose valuable hearing room time.
Arguments and Actions
Landlord
Procedural Errors
The Landlord failed to withdraw the application before the scheduled Board hearing, causing the Board to waste time and resources.
Aggravating Factors
The Landlord's, or its legal representative's, omission to inform the Board of a private settlement between the parties caused the Board to lose valuable hearing room time.
Decision Summary
The request to review order LTB-L-057220-23, issued on April 26, 2024 and amended on April 29, 2024, is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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