LTB Order LTB-L-050163-22

Order under Section 21.2 of the 2023 ONLTB 39753 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Oxford Properties Group v Lindsay, 2023 ONLTB 39753 Date: 2023-05-18 File Number: LTB- L-050163-22-RV-IN In the matter of: 910, 95 CHAROLAIS BLVD BRAMPTON ON L6Y2R9 Between: Oxford Properties Group Landlord And Paul Lindsay Tenant Tyanna Graham INTERIM ORDER On April 24, 2023, the Landlord requested that order LTB-L-050163-22, issued on March 28, 2023, be reviewed. Determinations: 1. The Landlord submits it was not reasonably able to participate in the March 13, 2023 hearing. The Landlord explains that it did not receive the Board’s notice of hearing. The Board’s records show that the Board mailed the notice of hearing to the Tenants on February 19, 2023. It is unclear when the Landlord was served. 2. The matter is directed to a review hearing to determine whether the request to review should be granted or denied. 3. Should the review be granted, a new hearing may be held on the same hearing day to determine the merits of the original application about non-payment of rent. 4. A failure to attend the review hearing may be viewed as an abuse of process and may result in costs being ordered against the Landlord. It is ordered that:  1. The LTB shall schedule a hearing of the Landlord's request to review the March 28, 2023 order. 2. 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. 2023 ONLTB 39753 (CanLII) Order Page 1 out of 2 File Number: LTB-L-050163-22-RV-IN 3. 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. 4. Disclosure may be made BY E-MAIL. The LTB's e-mail address is ltb.evidence@ontario.ca. 5. 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. May 18, 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 39753 (CanLII)