Chaudhry v Martin - LTB Review Order Denies Landlord's Request
LTB denies landlord's request to review order dismissing eviction application for non-payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1 Hunter's Cove, Brampton, ON L6S1S3
Decision in favor of
tenant
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Aug 9, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The application was heard on June 20, 2024, but the Landlord did not attend. The Board dismissed the application, finding the Landlord had abandoned the matter. The Landlord later requested a review of the order.
Determinations
- Landlord's request to reschedule the June 20, 2024 hearing was denied as it was not made with the Tenant's consent
- Landlord was required to attend the scheduled hearing to request an adjournment, but did not do so
- Landlord's decision not to attend the hearing was not reasonable and did not represent good cause to review the July 8, 2024 order
Case Study
The Board found that the Landlord was not reasonably able to participate in the June 20, 2024 proceeding. The Landlord had submitted a request to reschedule the hearing, but the request was denied as it was not made with the Tenant's consent. The Landlord was required to attend the scheduled hearing, either in person or by representative, to request an adjournment, but the Landlord did not do so. The Landlord's decision not to attend the hearing was not reasonable and did not represent good cause to review the July 8, 2024 order.
Arguments and Actions
Landlord
Arguments
Landlord was not reasonably able to participate in the June 20, 2024 proceeding due to an overseas family wedding.
Actions
Landlord submitted a request to reschedule the June 20, 2024 hearing, but was not aware that the request was denied.
Procedural Errors
Landlord did not attend the June 20, 2024 hearing in person or by representative to request an adjournment.
Decision Summary
The Landlord's request to review the July 8, 2024 order 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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