LTB Order LTB-L-019588-22

April 28, 2022 Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 File Number: SOL-18918-21-RV2 In the matter of: 43, 196 CUSHMAN ROAD ST CATHARINES ON L2M7C7 Between: Weinbrenner Place Inc Landlord and Luke Ward Tenant Review Order On March 15, 2022, Luke Ward (the 'Tenant') requested that review order SOL-18918-21-RV, issued on March 1, 2022, be reviewed, and that Board orders SOL-18918-21, issued on July 27, 2021 and SOL-18918-21-VO, issued on November 30, 2021, be stayed until the Tenant's request to review the order is resolved. On March 16, 2022, interim order SOL-18918-21-RV2-IN was issued, staying orders SOL-18918- 21, issued on July 27, 2021, and SOL-18918-21-VO, issued on November 30, 2021. The request was heard by videoconference on April 27, 2022. Only the Landlord’s agent, Angelo Butera, and the Landlord’s legal representative, Sidney Sheridan, attended the hearing. As of 9:38 a.m., the Tenant was not present or represented at the hearing which was scheduled to commence at 9:00 a.m. The Tenant was also not in attendance by 12:00 noon when the hearing block concluded. Background: 1. The Tenant attended the hearing of the Landlord’s L1 application on July 13, 2021 at which time he entered into consent order SOL-18918-21 issued on July 27, 2021. 2. The Tenant subsequently requested a review of the consent order which was denied without a hearing. 3. The Tenant filed a motion to void order SOL-18918-21 issued on July 27, 2021. The motion was accompanied by a declaration stating that the Tenant paid the Landlord $20,787.00 by cheque on September 10, 2021. Order Page 1 of 3  File Number: SOL-18918-21-RV2 4. The Tenant’s motion was heard on November 26, 2021. The Tenant did not attend the motion. The Landlord attended the motion and informed the Board that the Tenant did not make any payments to the Landlord. The Tenant’s motion was dismissed by order SOL- 18918-21-VO issued on November 30, 2021. This order notes that the Tenant was said to be bragging to other Tenants that he was “gaming the system”. 5. The Tenant requested a review of SOL-18918-21-VO issued on November 30, 2021 stating he could not attend the hearing because of a medical emergency. 6. The Tenant’s review was heard on February 22, 2022. The Tenant did not attend the hearing and the request to review was dismissed as abandoned by SOL-18918-21-RV issued on March 1, 2022. 7. The Tenant requested a review of SOL-18918-21-RV issued on March 1, 2022 stating he was in jail and could not attend the hearing on February 22, 2022. The Landlord states that the Sheriff investigated this allegation and determined that the Tenant had not been in jail on February 22, 2022. 8. The Tenant’s request to review was scheduled to be heard on April 21, 2022. Prior to the hearing, the Tenant submitted a request to reschedule stating that he had the Landlord’s consent to reschedule the hearing because his father had died and he would be in Nova Scotia to attend the funeral on the hearing date. The Landlord and the Landlord’s legal representative state that no consent to reschedule was given. They further state that the Tenant was seen in St. Catherines, Ontario on April 21, 2022. The Landlord submitted into evidence an email from the Tenant confirming that the Tenant was in St. Catherines, Ontario on April 21, 2022. Determinations: 1. As the Tenant did not attend the hearing to support his request, the request is dismissed as abandoned. 2. I find it appropriate in the circumstances of this case to order the Tenant to pay the Landlord costs in the amount of $700.00 for these proceedings. 3. I also find it appropriate in the circumstances of this case to order the Tenant to pay the Board costs in the amount of $700.00 for these proceedings. 4. I also find it appropriate to have the entirety of these proceedings referred for criminal investigation of the Tenant. More specifically, it would appear that the Tenant swore a false affidavit stating he voided an order of the Board. It would also appear that the Tenant filed several false or misleading documents with the Board: the aforementioned false affidavit, the request to review stating he was incarcerated, and the false request to reschedule. 5. I also find the Tenant to be a vexatious litigant with respect to these proceedings and the Tenant will be required to obtain permission before he can take any further steps in these proceedings. Order Page 2 of 3  File Number: SOL-18918-21-RV2 It is ordered that: 1. The request to review order SOL-18918-21-RV issued on March 1, 2022 is denied. The order is confirmed and remains unchanged. 2. The interim order issued on March 16, 2022 is cancelled. All stays with respect to these proceedings are lifted, including the stay of orders SOL-18918-21, issued on July 27, 2021, and SOL-18918-21-VO, issued on November 30, 2021. 3. The Court Enforcement Office (Sheriff) is directed to expedite any requests for enforcement with respect to these proceedings. 4. The Tenant shall pay to the Landlord costs for these proceedings in the amount of $700.00 by May 8, 2022. If the Tenant does not pay the Landlord the full amount owing on or before May 8, 2022, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 2022 at 2.00% annually on the balance outstanding. 5. The Tenant shall also pay to the Landlord and Tenant Board costs for these proceedings in the amount of $700.00 by May 8, 2022. If the Tenant does not pay the Landlord and Tenant Board the full amount owing on or before May 8, 2022, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 2022 at 2.00% annually on the balance outstanding. 6. The Tenant is not permitted to take any further steps in these proceedings unless he obtains permission from the Board to do so. April 28, 2022 Date Issued Richard Ferriss Member, Landlord and Tenant Board Southern-RO 119 King Street West, 6th Floor Hamilton ON L8P4Y7 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 3 of 3