LTB Order LTB-L-000367-23

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: M. v Frey, 2023 ONLTB 18595 2023 ONLTB 18595 (CanLII) Date: 2023-02-01 File Number: LTB-L-000367-23-RV In the matter of: 1, 94 Sunnylea Cres Guelph Ontario N1E1W6 Between: G.M. Landlord And Janita Frey Tenant Review Order G.M. (the 'Landlord') applied for an order to terminate the tenancy and evict Janita Frey (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. This application was resolved by order LTB-L-000367-23 issued on January 19, 2023. On January 31, 2023, Janita Frey (the 'Tenant') requested a review of the order. A preliminary review of the review request was completed without a hearing. Determinations:. 1. The Tenant’s request is based on the ground of being not reasonably able to participate in the proceedings. On the basis of the submissions made in the request, I am not satisfied that there is a serious error in the order or that a serious error occurred in the proceedings. 2. The order under review was an order issued pursuant to s.77 of the Residential Tenancies Act, 2006 (the ‘Act’). It was properly an ex parte order. Ex parte orders are issued without notice to, or participation by, the other party. The Tenant has no legal right to participate in the proceedings that resulted in the ex parte order, and therefore, I cannot find that the Tenant was not reasonably able to participate in the proceedings. 3. In the review request, the Tenant appears to seek discretionary relief from eviction. If the Tenant wishes to seek relief from eviction, the Tenant will have to file a motion to set aside the ex parte order (in addition to a new request to extend or shorten time), not a review request. 4. Since the request does not identify any error in the order, the review will be denied Order Page 1 out of 2 It is ordered that: 1. The request to review order LTB-L-000367-23 issued on January 19, 2023, is denied. 2. The order is confirmed and remains unchanged. 2023 ONLTB 18595 (CanLII) February 1, 2023 Date Issued Peter Nicholson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 2 out of 2