LTB Order LTB-L-037630-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: SIREG MANAGEMENT INC. v Protos, 2023 ONLTB 28843 2023 ONLTB 28843 (CanLII) Date: 2023-03-27 File Number: LTB-L-037630-22-RV In the matter of: 2, 300 MICHENER DR NORTH BAY ON P1A3J1 Between: SIREG MANAGEMENT INC. Landlord And Selina Protos Tenant Review Order SIREG MANAGEMENT INC. (the 'Landlord') applied for an order to terminate the tenancy and evict Selina Protos (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was resolved by order LTB-L-037630-22 issued on February 24, 2023. On March 23, 2023, the Tenant requested a review of the order. A preliminary review of the review request was completed without a hearing. Determinations: 1. On the basis of the submissions made in the request, I am not satisfied there is a serious error in the order or that a serious error occurred in the proceedings. 2. In the review request, the Tenant claims “wrong information” was provided to the Board, stating the Tenant had “not been living at the residence since 2017 as stated”. While the order provides the tenancy commenced in 2017, the Tenant’s review request does not provide an alternative start date. Here, the N4 was served in mid-2022 for arrears beginning in June 2022. Based upon the limited information submitted in the review request, I do not find the tenancy commencement date to be a material fact which would potentially change the result of the order. 3. The review request additionally claims that calculated rent arrears are incorrect. Aside for the assertion that the figures are “incorrect”, no further detail was provided to identify the nature of the alleged erred. While the Tenant disagrees with the member’s finding, the purpose of the review process is not to provide parties with an opportunity of relitigating the issues in hopes of a different, or more favourable outcome. Moreover, Section 26.8(e) of the Board’s Rules of Procedure states a review request must provide sufficient information to support a preliminary finding of an alleged serious error. Given the lack of particulars Order Page 1 out of 2  provided in respect of the alleged calculation error, I do not find this allegation supports a preliminary finding of a serious error. 4. Because the Tenant did not show that a serious error exists in the February 24, 2023 order, or that a serious error occurred at the February 13, 2023 hearing, the request to review the 2023 ONLTB 28843 (CanLII) order must therefore be denied. It is ordered that: 1. The request to review order LTB-L-037630-22 issued on February 24, 2023 is denied. 2. The order is confirmed and remains unchanged. March 27, 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