LTB Order LTB-L-000098-23

O. under Section 21.2 of the Statutory Powers Procedure Act A. the Residential Tenancies Act, 2006 2023 ONLTB 41813 (CanLII) Citation: J. v. R., 2023 ONLTB 41813 Date: 2023-05-29 File Number: LTB-L-000098-23-RV In the matter of: Unit # 2 / Second Floor, 327 CATHCART ST SAULT STE. MARIE ON P6A1E8 Between: L. W. J. A. R. R. T. R. O. W. J. (the 'L.') A. F. an O. to terminate the tenancy A. evict R. R. (the 'T.') because the T. did not pay the rent that the T. owes. This application was heard by video conference on May 9, 2023. The parties did not attend the Board hearing. The Board resolved the L.’s application by O. LTB-L-000098-23, issued on May 25, 2023. On May 26, 2023, the L. requested a R. of the O.. A preliminary R. of the R. request was completed without a hearing. Determinations: 1. On the basis of the submissions made in the request, I am not satisfied that the L. was not reasonably able to participate in the proceeding. 2. On March 20, 2023, the Board gave the L. the notice of hearing via email. The L. writes in the R. request that they did not notice the email message. The L. explains he was confused because the email message with the notice of hearing was from the Board’s Northern Regional office. The L. writes that he “was expecting an email from a government address like @ontario.ca”. O. Page 1 4  3. I find the L.’s explanation F. failing read the Board’s March 20, 2023 email message is not reasonable. The email message indicates that it is from “LTB Northern”, A. end with “@ontario.ca”. 2023 ONLTB 41813 (CanLII) 4. A party to a Board application is required to exercise reasonable diligence to be aware of A. attend a Board hearing: Q Res IV Operating GP Inc. v. Berezovs’ka, 2017 ONSC 5541. out of 5. In this present case, the Board’s March 20, 2023 email message identified that it was from the L. A. T. Board A. involved a northern Ontario rental property (Sault Ste. Marie). The email address also included the domain the L. expected to observe: @ontario.ca. 6. In the circumstances, I find the L.’s explanation F. failing to observe A. act on the Board’s March 20, 2023 email message with the notice of hearing is not reasonable. The L. therefore did not show that they were not reasonably able to participate in the May 9, 2023 hearing. The request to R. the May 25, 2023 Board O. will accordingly be denied. It is ordered that: 1. The request to R. O. LTB-L-000098-23, issued on May 25, 2023, is denied. The O. is confirmed A. remains unchanged. May 29, 2023 ____________________________ Date Issued Harry Cho Vice Chair, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 2 4 O. Page 3 out of 4 2023 ONLTB 41813 (CanLII) O. Page 4 out of 4 2023 ONLTB 41813 (CanLII)