M.C.R.I. v D.B.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: M.C.R.I. v D.B., 2016 CanLII 52847
File Number: TEL-70168-16-RV
Timeline
Hearing Date
Jul 2016
Order Date
Jul 25, 2016
Decision
The Landlord's request to review the original order dismissing their application was denied. The Board found no serious error in the original order or proceedings, and determined that the Landlord was reasonably able to participate but failed to do so due to their own choices. The original order dismissing the application as abandoned remains unchanged.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The original application was dismissed as abandoned when the Landlord failed to appear at the hearing. The Landlord then requested a review of the dismissal order.
Determinations
- No serious error in original order
- No procedural error in dismissing application as abandoned
- Landlord was reasonably able to participate but chose not to
- Landlord's expectation for Board to wait 2.5 hours unreasonable
- Landlord's double booking and late arrival were deliberate choices
- Denial of review request appropriate given circumstances
Landlord's Arguments
Arguments
Landlord argued that they should be granted a review because they were not reasonably able to participate due to overbooking.
Actions and Evidence
Landlord double-booked hearings in Whitby and Toronto East on the same morning. Landlord's agent arrived at the Scarborough location at about 12 noon, after the hearing block had ended.
Procedural Errors
Landlord failed to seek Tenant's consent to reschedule or retain services of a paralegal or lawyer for the second hearing location. Landlord also failed to appear at the scheduled hearing time.
Tenant's Arguments
Actions and Evidence
Tenant sent her daughter with written authorization to represent her at the hearing.
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