Landlord Wins Review Order: Royal York Property Management v Gagliardi 2024
LTB denies tenant's request to review order terminating tenancy for non-payment of rent in Bradford
Summarized by RentZenLast updated: October 13, 2024
Case Summary
113 Aishford Rd, Bradford, ON L3Z0A7
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Aug 2, 2024
Dispute Summary
The landlords applied for an order to terminate the tenancy and evict the tenants due to non-payment of rent. The application was heard on June 4, 2024, and an order was issued on July 10, 2024. On July 31, 2024, one of the tenants, Giovanni Gagliardi, requested a review of the order.
Determinations
- Tenant GG was afforded procedural fairness and had the opportunity to participate in the June 4, 2024 proceeding
- Tenant MG was present, aware of the issues, and participated in the hearing without requesting an adjournment
- Tenants did not submit a request to reschedule the hearing as required by the Board's Rules of Procedure
- Tenant GG did not demonstrate that he exercised reasonable diligence to attend the hearing
Case Study
The Vice Chair found that the tenant Giovanni Gagliardi was afforded procedural fairness and had the opportunity to participate in the June 4, 2024 proceeding. The Vice Chair noted that the tenant Michael Gagliardi was present and participated in the hearing, and that the tenant Giovanni Gagliardi did not submit a request to reschedule the hearing as required by the Board's Rules of Procedure. The Vice Chair also found that the tenant Giovanni Gagliardi did not demonstrate that he exercised reasonable diligence to attend the hearing.
Decision Summary
The Vice Chair denied the tenant Giovanni Gagliardi's request to review the July 10, 2024 Board order, and confirmed that the order remains unchanged.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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