Tn design Muskoka v Birion

Landlord wins · Brechin · 2025-08-22

Adjudicator

Mayra Sawicki

Dispute

Maintenance

Landlord

C.B., Stealthr Inc

Tenant

T.D.M., T.N.

Landlord rep

Claude Birion

Tenant rep

Tracey Nelson

What happened

The Tenants requested a second review of an LTB order after their maintenance application was dismissed as abandoned twice. The Tenant claimed she missed the previous hearing because she misread the date on the notice of hearing, thinking it was scheduled for May 15 instead of May 5. The Landlord provided evidence that the notice clearly stated the correct date.

The ruling

The LTB denied the Tenants' second request to review the dismissal of their maintenance application. The Member confirmed the previous order, finding that the Tenant's failure to attend the prior hearing was due to a lack of due diligence in reading the notice of hearing rather than a legitimate inability to participate. The stay of the previous order is lifted.