Last updated: August 16, 2024
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Citation: Q Res IV Operating GP Inc. v. Berezovs'ka, 2017 ONSC 5541
File Number: TNT-86357-16RV
Hearing Date
Sep 2017
Order Date
Sep 18, 2017
The Divisional Court dismissed the Landlord's appeal of the LTB's decision. The court found that the LTB did not err in law by denying the Landlord's request for a rehearing based on their lack of diligence in handling the original notice and order.
Landlord appealed a Landlord and Tenant Board (LTB) decision that denied their request to review an earlier LTB order. The original order granted the Tenant a rent abatement due to persistent noise issues. The Landlord claimed they never received notice of the original hearing or the subsequent order.
The Landlord argued that denying a party the opportunity to be heard is an error of law.
The Landlord claimed it had not received either the Notice of Hearing for the October 31, 2016 hearing or the Board's Order made on that date.
The LTB found that the Landlord's non-appearance at the original hearing was due to a lack of diligence on the part of the Landlord's head office staff.
The Tenant informed the Landlord in November 2017 that she was paying less rent due to the abatement order.
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