Pyzevas v Bishop (Tobin) - LTB Interim Order Stays Eviction Pending Review
LTB stays Rockland eviction order pending review of tenant's ability to participate in original proceedings
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 8250 County Road 17, Rockland, ON K4K1K7
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Feb 9, 2024
Dispute Summary
Melissa Bishop (Tobin), one of the Tenants, requested that the order LTB-L-078552-23-SA issued on January 15, 2024 be reviewed and that the order be stayed until the request to review the order is resolved.
Determinations
- The ex parte eviction order was stayed by interim order LTB-L-078552-23-SA-RV-IN, issued on January 30, 2024.
- The stay on this order will remain in place pending the resolution of the Tenant's review request.
- The matter is directed to a review hearing to determine whether the requesting Tenant was not reasonably able to participate in the proceedings that took place on January 3, 2024.
- Should the review be granted, a new hearing will be held on the merits of the original motion.
- A failure to attend the review hearing may be viewed as an abuse of process and may result in costs being ordered against the requesting Tenant.
Decision Summary
The stay on the eviction order remains in place until the review request is resolved. A review hearing will be scheduled to determine if the Tenant was reasonably able to participate in the original proceedings. If the review is granted, a new hearing will be held on the merits of the original motion.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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