Q Res IV Operating GP Inc. v. Berezovs'ka

Tenant wins · 2017-09-18

Adjudicator

SACHS J.

Dispute

Appeal Of Ltb Decision

Landlord

Q RES IV OPERATING GP INC.

Tenant

L.B.

Landlord rep

Martin P. Zarnett

What happened

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 ruling

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.