Shum v Tranter

Landlord wins · East York · 2025-05-02

Adjudicator

Harry Cho

Dispute

Breach of Conditions

Landlord

W.C.S.

Tenant

J.T.

What happened

The Tenant requested a review of an ex parte order that was issued after the Tenant breached a condition in a prior Board order. The Tenant's review request was based on the claim they were not able to participate in the ex parte proceeding and a request to postpone the eviction. The Board performed a preliminary review without a hearing and denied the request.

The ruling

The Tenant's request to review the ex parte eviction order issued on March 18, 2025, is denied. The Board found the Tenant's arguments without merit, confirming that a tenant is not entitled to participate in an ex parte hearing under section 78 of the RTA and that the Board lacks jurisdiction to postpone an eviction during the review process. The original order is confirmed and remains unchanged.