LTB Order LTB-L-044235-22

Order under Section 21.2 of the 2023 ONLTB 32867 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Li and Liu v Joseph, 2023 ONLTB 32867 Date: 2023-04-17 File Number: LTB- L-044235-22-RV-IN In the matter of: Basement Unit, 35 CROWN ACRES CRT SCARBOROUGH ON M1S4W1 Between: B.L. Landlord Heye Liu And Tom Joseph Tenant INTERIM ORDER On April 13, 2023, the Tenant requested that order LTB-L-044235-22, issued on April 5, 2023, be reviewed and that the order be stayed until the request to review the order is resolved. Determinations: 1. The Tenant submits he was not reasonably able to participate in the March 22, 2023 hearing. The Tenant explains that, although he purchased a refurbished computer to participate in the hearing, he was not able to join the online hearing via Zoom. The Tenant does not explain whether he attempted to join the proceedings by telephone. 2. In order to preserve the rights of the Tenant until the review is resolved, the April 5, 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. 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-044235-22, issued on April 5, 2023, is stayed until otherwise ordered. 2. The LTB shall schedule a hearing of the 's request to review. 2023 ONLTB 32867 (CanLII) Order Page 1 out of 2 File Number: LTB-L-044235-22-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. If e-mail communication is unavailable or inadequate for the exchange of evidence the parties shall comply with all Health Canada guidelines with respect to social distancing and isolation available at https://www.canada.ca/en/public-health/services/diseases/2019novel- coronavirus-infection/guidance-documents.html. 7. 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. April 17, 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 32867 (CanLII)