Libfeld v Adulahi
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Previous Order
Upheld
Subsections of RTA Quoted
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: Libfeld v Adulahi, 2026 ONLTB L-030301-22-RV
File Number: LTB-L-030301-22
Timeline
Application Date
May 2022
Hearing Date
Mar 2026
Order Date
Jul 20, 2026
Decision
The Landlord's review request of the order dismissing the application as abandoned is denied. The adjudicator found that the Landlord and representatives failed to exercise due diligence in monitoring file notices following internal law firm changes, and were not prevented from attending.
Dispute
The Landlord requested a review of an order that dismissed the Landlord's application as abandoned due to the Landlord's failure to attend the hearing. The review adjudicator determined that the Landlord's failure to attend resulted from internal administrative failures and lack of due diligence in monitoring communications rather than being prevented from participating.
Determinations
- The request to review order LTB-L-030301-22 issued on November 10, 2025 as abandoned is denied.
- The order is confirmed and remains unchanged.
- The interim order issued on December 10, 2025 is cancelled.
Landlord's Arguments
Arguments
Participation in a hearing is a fundamental right, and being reasonably able to participate should be interpreted broadly. Failing to respond to a single email does not support an inference of abandonment.
Actions and Evidence
Landlord's legal representative submitted that the notice of hearing was not received due to internal law firm personnel changes and deletion of a portal account.
Procedural Errors
Failure to properly monitor communications and portal accounts associated with file carriage over a 16-month period, leading to non-attendance at the hearing.
Considerations
Tenant's Arguments
Arguments
Relied on lack of due diligence in dealing with court proceedings as a reason for refusing to set aside an order where a party has failed to appear.
Actions and Evidence
Tenant's representative attended the hearing and noted the Landlord's absence.
Considerations
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