Landlord and Tenant Board Grants Stay of Eviction Order in Johnston v Barr: Johnston v Barr 2023

Dispute Summary

The Tenant requested a review of order LTB-L-066186-23 issued on November 29, 2023 and that the order be stayed until the review is resolved.

Determinations

• The matter is directed to a review hearing to determine whether the request to review should be granted or denied.
• The issues to be determined at the review hearing are whether the hearing member made unreasonable findings of fact on a material issue which would potentially change the result of the order, and whether the hearing member's interpretation of subsections 61(1) and 64(1) of the Residential Tenancies Act, 2006 is clearly wrong and unreasonable given the evidence adduced at the hearing.
• Should the review be granted, a new hearing will be held on the merits of the original application.
• A failure to attend the review hearing may be viewed as an abuse of process and may result in costs being ordered against the Tenant.
• In order to preserve the rights of the Tenant until the review is resolved, the order should be stayed.