Loader v Feener - LTB Review Order Grants Tenant New Hearing
LTB grants tenant's request to review set aside order, finding procedural errors that prejudiced tenant's ability to be heard
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 4496 Ste. Catherine St, St. Isidore, ON K0C2B0
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order terminating the tenancy, which was initially denied by the Board. The Tenant then requested a review of the set aside order, which is the subject of this review hearing.
Determinations
- Board's set aside order contained serious procedural error
- Tenant's evidence was provided in compliance with Board's Rules
- Board should have been more flexible in addressing Tenant's technical issues
- Board's failure to consider Tenant's evidence prejudiced Tenant's ability to address set aside motion
Case Study
The Board found that the set aside order contained a serious procedural error that raised issues of natural justice. The Board failed to consider the Tenant's evidence, which was provided in compliance with the Board's Rules, due to the lack of an index or table of contents. The Board should have been more flexible in addressing the Tenant's technical issues and allowing the Tenant to provide the missing index or table of contents during the hearing. The Board's failure to consider the Tenant's evidence prejudiced the Tenant's ability to fully address the set aside motion.
Arguments and Actions
Landlord
Arguments
The Landlord submitted that the Board's stay should be lifted immediately and that the Tenant's legal representative had an obligation to comply with the Board's Rules and submit evidence in an organized and mannerly fashion.
Tenant
Arguments
The Tenant's Legal Representative submitted that the Board's set aside order contained several serious errors, including failing to provide the Tenant with the right to be heard and not accepting the Tenant's photos into evidence.
Decision Summary
The Board granted the Tenant's request to review the set aside order and cancelled the previous set aside order. The Board ordered a new hearing for the Tenant's set aside motion.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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