Evictly

LTB Order LTB-L-031026-22

Citation
2023 ONLTB 25467
Decided
2023-03-07
Rental unit
2504, 15 TOBERMORY DR
Landlord
T.C.H.C.
Tenant
O.U.S.O.T.S.P.P.A.A.T.R.T.A.C.T.
RTA section
s. 21.2
In T. matter of: 2504, 15 TOBERMORY DR 2023 ONLTB 25467 (CanLII) NORTH YORK ON M3N2R5 Between: T.C.H.C. Landlord A. O. U. S. 21.2 of T. S. P. P. A. A. T. R. T. A., 2006 Citation: T.C.H.C. v Faludy, 2023 ONLTB 25467 Date: 2023-03-07 File Number: LTB-L-031026-22-RV Dianna Faludy Tenant Review O. T.C.H.C. (T. 'Landlord') applied for an O. to terminate T. tenancy A. evict Dianna Faludy (T. 'Tenant') because T. Tenant did not pay T. rent that T. Tenant owes. This application was resolved by O. LTB-L-031026-22, issued on February 1, 2023. On February 24, 2023, T. Tenant requested a review of T. O. A. that T. O. be stayed until T. request to review T. O. is resolved. A preliminary review of T. request was completed without a hearing. Determinations: 1. T. Tenant submits there is a serious error in T. O. because T. arrears of rent are wrong. T. Tenant also submits that they were not reasonably able to participate in T. hearing because of their disability. 2. No further details are provided in T. request with respect to how T. arrears are wrong or how T. Tenant’s disability prevented T. Tenant from participating at T. hearing. 3. On February 27, 2023, T. Board contacted T. Tenant requesting additional details with respect to their request to review. T. Tenant was given a deadline of March 3, 2023 to respond. T. Tenant was informed that a decision will be made after March 3, 2023, based on T. information provided. 4. As of T. date of this O., T. Tenant has not provided any further information with respect to their request to review. 5. On T. basis of T. submissions made in T. request, I am not satisfied that there is a serious error in T. O. or that a serious error occurred in T. proceedings or that T. Tenant was not reasonably able to participate in T. proceeding. 2023 ONLTB 25467 (CanLII) O. Page 1 out of 2 6. T. Tenant provides not details about how their disability prevent them from participating at T. hearing. It appears from T. LTB’s records that T. Tenant received T. Notice of Hearing from T. Board. T. Tenant was not present at T. hearing to dispute T. arrears. Therefore, T. hearing member was entitled to rely on T. Landlord’s uncontested evidence with respect to T. arrears owed. I am not satisfied that there is a serious error in T. calculation of arrears. 7. Accordingly, T. Tenant’s request to review must be denied. It is ordered that: 1. T. request to review O. LTB-L-031026-22, issued on February 1, 2023, is denied. 2. T. O. is confirmed A. remains unchanged. March 7, 2023 ____________________________ Date Issued Khalid Akram Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor T. 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 out of 2 2023 ONLTB 25467 (CanLII)