LTB Order LTB-L-045523-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the 2023 ONLTB 35495 (CanLII) Residential Tenancies Act, 2006 Citation: D.A. v Murray, 2023 ONLTB 35495 Date: 2023-05-09 File Number: LTB-L-045523-22-RV In the matter of: 0409, 1065 EGLINTON AVE W TORONTO ON M6C2E1 Between: D.A. Landlord And Chantelle Murray Tenant Review Order D.A. (the 'Landlord') applied for an order to terminate the tenancy and evict Chantelle Murray (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was resolved by order LTB-L-045523-22 issued on March 28, 2023. On April 4, 2023, the Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved. On April 4, 2023, interim order LTB-L-045523-22-RV-IN was issued, staying the order issued on March 28, 2023. This application was heard in by videoconference on April 26, 2023. Only the Landlord’s Representative, Sharon Harris attended the hearing. Determinations: 1. Since the Tenant did not attend to support the review request of Order LTB-L-045523-22 issued on March 28, 2023, I find the request abandoned. 2. There was no information in the file that would suggest that the Tenant attempted to reschedule the hearing or tried to obtain the consent of the Landlord to adjourn the hearing to another date. This is the second hearing that the Board scheduled and the Tenant did not attend. She did not withdraw her review application and wasted both the Landlord’s and the Board’s time and resources.  3. In accordance with Board Rule 27.3 and pursuant to section 204(3) of the Residential Tenancies Act, 2006 (the ‘Act’), I find that costs are appropriate due to the Tenant’s unreasonable conduct and abuse of process to delay eviction. The Tenant owes the Order Page 1 out of 2 2023 ONLTB 35495 (CanLII) Landlord $100.00 for costs incurred unnecessarily in preparation of the hearing schedule on April 26, 2023. It is ordered that: 1. The request to review order LTB-L-045523-22 issued on March 28, 2023 is denied. The order is confirmed and remains unchanged. 2. The interim order issued on April 4, 2023 is cancelled. The stay of order LTB-L-045523-22 is lifted immediately. 3. The Tenant shall pay the Landlord $100.00 on or before May 20, 2023. 4. The Landlord has the right, at any time, to collect the full amount owing or any balance outstanding under this order. May 9, 2023 ____________________________ Date Issued Sandra Macchione 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 2023 ONLTB 35495 (CanLII)