Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Upheld
Agree with the ruling?
Application Date
Nov 2022
Hearing Date
Nov 2023
Order Date
Jan 31, 2024
The request to review order LTB-L-010555-22 issued on January 4, 2023 is denied. The Tenants were not reasonably able to participate in the November 15, 2022 hearing and there were no serious errors in the order or the proceedings. The hearing of the Tenant's motion to set aside order LTB-L-007592-23 issued on March 29, 2023 is adjourned on a priority basis to a date to be set by the Board.
Given the length of the tenancy and the Tenants' family circumstances, it would not be unfair to deny the eviction so long as the Tenants correct their behaviour.
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference and damages to the premises. The application was resolved by order LTB-L-010555-22 issued on January 4, 2023 as a result of a hearing that took place on November 15, 2022 where the Tenants were not in attendance. The Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved.
Landlord opposes the review request and seeks to have the stay lifted immediately.
Landlord argues the Tenants were aware of the hearing date and received the notice of hearing, and that the Tenants had the Landlord's contact information but failed to respond to the Landlord's email with their evidence.
Tenants argue they were not reasonably able to participate in the November 15, 2022 hearing and that there were serious errors in the order and the proceedings.
Tenants allege they did not receive the notice of hearing until the day after the hearing, and that they emailed the Landlord and the Board about their difficulties logging in but did not receive a prompt response.
Tenants failed to file their evidence in a timely manner as per the Board's rules.
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