Marcelline v Xiao and Yan
Last updated: July 26, 2024
Order
Ordered by Laura Hartslief,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Marcelline v Xiao and Yan, 2021 CanLII 69686 (ON LTB)
File Number: TET-05872-19-RV
Timeline
Application Date
Nov 2019
Hearing Date
Jan 2021
Order Date
Jan 18, 2021
Decision
The Landlords' request for review is granted. The order is cancelled and replaced with an order adjourning the matter to a date to be set by the Board to hear the merits of the Tenant's application.
Dispute
Tenant applied for an order determining that Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The application was resolved by order TET-05872-19 issued on November 20, 2019. The Landlords requested a review of the order, stating they were not reasonably able to participate in the hearing that occurred on November 18, 2019.
Determinations
- The Tenant's application is amended to include Zhizhong Yan as a named Landlord.
- The Landlords' request to review order TET-05872-19 issued on November 20, 2019 is granted.
- The order is cancelled and replaced with an order adjourning the matter to a date to be set by the Board to hear the merits of the Tenant's application.
Landlord's Arguments
Tenant's Arguments
Procedural Errors
The Tenant did not provide the Landlords' complete mailing address to the Board when she filed her application, so the notice of hearing was not properly mailed to the Landlords' address.
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