Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
Agree with the ruling?
Tenancy End Date
Oct 2022
Order Date
Oct 22, 2024
The Former Tenant's request to review the order dismissing her T5 application was denied. The application was dismissed because it was filed more than one year after the Former Tenant vacated the unit, which is the statutory limitation period under the Act.
The Former Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The application was dismissed because it was filed more than one year after the Tenant vacated the unit.
The Tenant claims that the order contains the following serious errors: a) The Tenant had filed a request to review order LTB-L-007358-22 on October 14, 2022 and had asked for a stay of the order. The Tenant admits to being evicted on October 18, 2024, but had told the Landlord and Sheriff about the outstanding request to review. The Tenant's position is that she did not "formally vacate" until after she received the order denying request to review; b) The Tenant's paralegal was not present at the hearing, and the Member did not stand the matter down to allow her to attend; c) The Landlord filed evidence of the eviction on the hearing date instead of in compliance with the LTB Rules of Procedure. If it had been filed on time, the Tenant could have disputed it; and d) The Tenant was prejudiced because she was "granted a hearing upon application", and it was dismissed 9 months later after she incurred legal costs to prepare for the hearing.
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