LTB Order LTB-L-044693-24

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: C. v Forrester, 2025 ONLTB 31445 Date: 2025-04-22 File Number: LTB-L-044693-24-RV In the matter LOWER UNIT, 512 CLANCY CRES of: PETERBOROUGH ON K9K2S1 Between: J. C. A. 22, 2025 Landlords Jason C. And Penny Forrester Tenant REVIEW ORDER J. C. and Jason C. (the 'Landlords') applied for an order to terminate the tenancy and evict Penny Forrester (the 'Tenant') because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was resolved by order LTB-L-044693-24, issued on February 3, 2025 and amended on February 25, 2025. On February 20, 2025, the Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved. On February 21, 2025, interim order LTB-L-044693-24-RV-IN was issued, staying the order issued on February 3, 2025 This request to review was heard in by videoconference on April 16, 2025. The Landlords, the Landlords’ Legal Representative, Adam Blacklock, and the Tenant attended the hearing. At 9:23 a.m. the Tenant contacted the LTB by telephone as they were unsure they were in the correct hearing room. The Tenant signed into the videoconference at approximately 10:00 a.m. The Tenant consulted with Tenant Duty Counsel prior to the hearing. Determinations: Tenant’s Adjournment Request 1. At the hearing, the Tenant was confused as to the purpose of the hearing as it was her belief that her T2 Application would be heard. She expressed that the T2 Application has been adjourned twice and alleges it directly relates to the Landlords’ L2 application. Order Page 1 of 2  File Number: LTB-L-044693-24-RV 2. It was explained to the Tenant that the purpose of the hearing was for her request to review the order issued on February 3, 2025, amended on February 25, 2025. She was informed that her T2 Application did not form part of review hearing. 3. The Tenant stated she was not prepared for the review hearing and requested that the hearing be adjourned so that she may retain legal representation. 4. After review of the Tenant’s request to review the order, it was noted that the Tenant had written on page 4 the request:: “I will retain legal services for the next meeting”. The Tenant stated she terminated her retainer with her previous representative after the October 23, 2024 hearing and has not retained a new legal representative. 5. After considering the Tenant’s submissions, the request to adjourn the hearing was denied. The Tenant has had ample time to retain legal representation and her intention to do so was included in the request to review the order filed with the Board on February 20, 2025. 6. After denying the Tenant’s request to adjourn the hearing, the matter proceeded by reading the Tenant’s request to review the order, in its entirety, onto the record. As the Tenant was still unsure of the contents of her request, the hearing was stood down to provide the Tenant with some time to familiarize herself with her request and the order under review. Request to Review 7. The matter was called at 3:44 p.m. The Landlord’s representative submitted that at 3:30 p.m. he noticed the Tenant had left the videoconference. Although it was unclear if the Tenant was having technical difficulties, the matter was stood down again to provide the Tenant with more time to sign back into the videoconference. As of 4:57 p.m., the Tenant did not return to the videoconference and there was no indication she was having difficulty signing back in. 8. Since the Tenant did not appear at the hearing to support their review, I find that this review has been abandoned. It is ordered that: 1. The request to review order LTB-L-044693-24, issued on February 3, 2025 and amended on February 25, 2025, is denied. The order is confirmed and remains unchanged. 2. The interim order issued on February 21, 2025 is cancelled. The stay of order LTB-L- 044693-24 is lifted immediately. April 22, 2025 ____________________ Date Issued Susan Priest 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 of 2