LTB Order LTB-L-040608-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: S.L. v Caldwell, 2023 ONLTB 29562 2023 ONLTB 29562 (CanLII) Date: 2023-04-06 File Number: LTB-L-040608-22-RV In the matter of: 1207, 330 TALBOT ST ST THOMAS ON N5P4E1 Between: S.L. Landlord And Dustin Caldwell Tenants Larissa Beattie Review Order S.L. (the 'Landlord') applied for an order to terminate the tenancy and evict Dustin Caldwell and Larissa Beattie (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. The Landlord also claimed charges related to NSF cheques. This application was resolved by order LTB-L-040608-22 issued on February 23, 2023. On March 7, 2023, the Landlord requested a review of the order. On March 8, 2023 interim order LTB-L-040608-22-RV-IN was issued. This application was heard in by videoconference on March 28, 2023. Only the Landlord’s Agent, Kyle McCann attended the hearing. Determinations: 1. The Landlord's Agent testified that they had technical difficulties on the day of the hearing held on February 16, 2023 and that he joined and connected into the conference at 2:30 p.m. to learn that the hearing had already taken place. 2. 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 or that the Landlord was not reasonably able to participate in the proceeding. 3. The order issued February 23, 2023 includes a note that the Landlord’s Agent joined the hearing at 2:38 pm which was an hour after the application was declared abandoned. Order Page 1 out of 3  4. The Board’s Notice of Hearing clearly informs parties to join the conference at 12:45 p.m. and the Landlord’s Agent joined almost two hours from the expected time attendance was taken. 5. The Landlord's Agent confirmed that he had a copy of the Notice before him on the day of 2023 ONLTB 29562 (CanLII) the hearing that included a telephone number and the passcode, and he provided no explanation having failed to exercise that option that was available to him. This large corporate Landlord receives regular hearing notices from the Board and as such is familiar with information on the Notice and would have known the notice included a telephone number which is located just beneath the videoconference link. I see no reason why the Landlord’s Agent wouldn’t have utilized that option and joined the hearing by telephone on time. 6. The Board is mandated to ensure the most efficient use of it’s time and resources and time was set aside to proceed with the Landlord’s application. It’s unfortunate that the Landlord missed the hearing, but it was a result of their own negligence not a result of an error caused by the Board’s hearing processes. If parties do not do their due diligence to attend the hearing on time, then the Board should not be expected to allow an application to be heard on a second instance. 7. I do not find the Landlord was prevented from participating in the hearing and the order issued on February 23, 2023 remains in effect. It is ordered that: 1. The request to review order LTB-L-040608-22 issued on February 23, 2023 is denied. 2. The order is confirmed and remains unchanged. April 6, 2023 Date Issued Sandra Macchione Member, Landlord and Tenants 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 3 Order Page 3 out of 3 2023 ONLTB 29562 (CanLII)