LTB Order LTB-L-027861-22

Order under Section 21.2 of the 2023 ONLTB 41033 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Y. v. Mason, 2023 ONLTB 41033 Date: 2023-05-26 File Number: LTB- L-027861-22-RV-IN In the matter of: 92 GILBERT ST BELLEVILLE ON K8P3H2 Between: J.Y. Landlord And Christine Mason Tenant INTERIM ORDER On May 19, 2023, the Tenant requested that order LTB-L-027861-22, issued on May 15, 2023, be reviewed and that the order be stayed until the request to review the order is resolved. Determinations: 1. The Tenant submits they were not reasonably able to participate in the May 1, 2023 hearing. The Tenant submits they were not admitted into the video conference hearing room. 2. In order to preserve the rights of the Tenant until the review is resolved, the May 15, 2023 order should be stayed. An order cannot be enforced while it is stayed. 3. The matter is directed to a review hearing to determine whether the request to review should be granted or denied. 4. Should the review be granted, a new hearing may be held on the same day to determine the merits of the original application about non-payment of rent. 5. A failure to attend the review hearing may be viewed as an abuse of process and may result in costs being ordered against the Tenant. It is ordered that:  1. Order LTB-L-027861-22, issued on May 15, 2023, is stayed until otherwise ordered. 2. The LTB shall schedule a hearing of the Tenant's request to review the May15, 2023 order. Order Page 1 out of 2 2023 ONLTB 41033 (CanLII) File Number: LTB-L-027861-22-RV-IN 3. The parties are directed to attend the hearing and be prepared to proceed on the merits of the original application should the review request be granted. 4. The parties are directed to give to each other and to the LTB any evidence that relates to the review request and the original application no later than seven days before the hearing. This includes any documents, receipts, photographs, recordings or like things the party intends to rely on at the hearing. 5. Disclosure may be made BY E-MAIL. The LTB's e-mail address is ltb.evidence@ontario.ca. 6. Pursuant to Rule 19.7 a party who fails to comply with an order for disclosure may not be permitted to rely on evidence that is not properly disclosed. May 26, 2023 ____________________________ Date Issued Harry Cho Vice Chair, Landlord and Tenant Board 15 Grosvenor Street, 1st 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 2023 ONLTB 41033 (CanLII)