Last updated: August 16, 2024
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Citation: Desbien v. Jiang, 2024 ONSC 895
File Number: DC-22-2750
Hearing Date
Feb 2024
Order Date
Feb 12, 2024
The Divisional Court dismissed the tenant's appeal of the LTB decisions. The court found no error of law or denial of procedural fairness in the LTB's refusal to grant an adjournment for the tenant to retain counsel. The court noted that the tenant had ample time to retain counsel and that the LTB considered relevant factors in its decision.
Tenant appealed LTB decisions dated August 31, 2022 and October 4, 2022 to the Divisional Court. The main issue was the denial of an adjournment request by the tenant to retain counsel at the LTB hearing.
Landlord was present and ready to proceed at the LTB hearing.
Landlord did not provide a Cost Outline in advance of the Divisional Court hearing as required.
Tenant argued that he was denied a fair hearing because he was denied an adjournment to retain counsel.
Tenant returned possession of the rented premises to the landlord before the LTB hearing. Tenant does not contest the gross arrears owing.
Tenant failed to act diligently in retaining counsel and did not seek rescheduling in advance of the LTB hearing.
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