Landlord Wins Eviction Case Against Tenant: Ivanoff v Lauricella 2024
LTB denies tenant's request to review eviction order, upholds landlord's victory
Summarized by RentZenLast updated: October 13, 2024
Case Summary
119 Holton Ave S, Hamilton, ON L8M2L6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Aug 19, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested a review of the order, which was initially denied. The Tenant then requested a second review, which is the subject of this order.
Determinations
- Landlord's application was first heard on March 27, 2024, with only the Landlord and Landlord's representative attending
- Order LTB-L-075432-23 was issued on April 23, 2024, terminating the tenancy and evicting the Tenant
- Tenant requested a review of the order on May 9, 2024, which was denied by order LTB-L-075432-23-RV on July 8, 2024
- Tenant filed a second request to review the order on July 24, 2024
- Second review hearing was held on August 8, 2024, with Landlord's representative and Tenant attending
- Tenant's medical evidence did not sufficiently demonstrate that hospitalization prevented his attendance at the initial review hearing
- Tenant had ample time to obtain and provide additional medical evidence, but failed to do so in a timely manner
Case Study
The Tenant's request for a second review was heard, despite the Board's rules generally not allowing for further requests to review the same order. The Board considered the Tenant's circumstances may be extraordinary, as the eviction order had already been executed and the Tenant was no longer residing in the rental unit. However, the Board found that the Tenant did not sufficiently demonstrate that hospitalization prevented his attendance at the initial review hearing, as the medical evidence provided did not substantiate this claim. The Board concluded that the Tenant had ample time to obtain the necessary medical evidence to support his absence, but failed to do so in a timely manner.
Arguments and Actions
Tenant
Arguments
Tenant argued that he was not reasonably able to participate in the proceedings because he did not receive the notice of hearing and was hospitalized.
Actions
Tenant was in the hospital following surgery and was heavily medicated, making him unable to attend the hearing or participate in a meaningful way.
Decision Summary
The Tenant's request for a second review of the order terminating the tenancy and evicting the Tenant is denied. The order LTB-L-075432-23-RV, issued on July 8, 2024, is confirmed and remains unchanged. The stay of order LTB-L-075432-23 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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