Kiar v Khan: Multiple Review Requests Denied in Tenant-Landlord Dispute
North York landlord wins multiple review requests in tenant dispute over illegal entry and harassment
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 10 Eddystone Avenue, North York, ON M3N2T2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
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Timeline
Order Date
Feb 6, 2023
Dispute Summary
Tenant filed an application against Landlords for illegal entry, changing locks, substantial interference, harassment, and improper property removal. The case went through multiple review requests, with the final decision denying the Landlords' request for a further review of the previous order.
Determinations
- Board's Rules do not permit review of January 26, 2023 review order
- Landlords did not show inability to participate in May 4, 2022 proceeding
- No serious error in the order or proceedings
Case Study
The Landlords' request for a further review was denied as it did not meet the criteria for review under Rule 26.18 of the Board's Rules of Procedure. The Board determined that there was no serious error in the previous order or proceedings, and that the Landlords had not shown they were unable to participate in the May 4, 2022 proceeding.
Arguments and Actions
Landlord
Arguments
Landlords attempted to argue for a further review of the January 26, 2023 order.
Actions
Landlords requested multiple reviews of previous orders.
Procedural Errors
Landlords requested a review that was not permitted under the Board's Rules of Procedure.
Tenant
Arguments
Tenant argued that Landlords violated their rights under the Residential Tenancies Act.
Actions
Tenant filed an application against Landlords for multiple issues including illegal entry, changing locks, and harassment.
Decision Summary
The Landlords' request to review Board review order LTB-T-074699-22-RV2, issued on January 26, 2023, 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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