LTB Order LTB-L-056449-22

Order under Section 21.2 of the 2023 ONLTB 39637 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: S. v Scott Manson, 2023 ONLTB 39637 Date: 2023-05-17 File Number: LTB- L-056449-22-RV-IN In the matter of: BSMT 2, 436 ELSON ST MARKHAM ON L3S4T8 Between: M.S. Landlord Rashida S. And Scott Manson Tenant INTERIM ORDER On May 16, 2023 the Tenant requested that order LTB-L-056449-22 issued on April 28, 2023 be reviewed and that the order be stayed until the Tenant's request to review the order is resolved. Determinations: 1. In the review request the Tenant claims that they were not able to participate in the proceedings because they did not receive a notice of hearing. 2. The matter is directed to a review hearing to determine whether the Tenant was reasonably able to participate in the proceedings 3. In order to preserve the rights of the Tenant until the review is resolved, the order should be stayed. An order cannot be enforced while it is stayed. 4. Should the review be granted, a new hearing will be held on 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-056449-22 issued on April 28, 2023 is stayed until otherwise ordered. 2. The LTB shall schedule a hearing of the Tenant's request to review. Should the review be granted, the application shall be immediately directed to a new hearing. The parties are directed to come prepared to proceed on the merits of the application. 2023 ONLTB 39637 (CanLII) Order Page 1 out of 2 File Number: LTB-L-056449-22 3. As soon as possible and no later than seven days prior to the hearing, the Tenants and the Landlord shall give to the other and file with the Board a copy of any document, photograph, receipt, recording or like thing upon which they intend to rely at the hearing. Filing with the Board may be done by e-mail to LTB.evidence@ontario.ca. 4. If you are the Tenant and wish to obtain some legal advice PRIOR to your hearing, you can access Tenant Duty Counsel by calling 1-877-374-0391. Please note: Tenant Duty Counsel must be contacted in advance as there is no guarantee that they will attend each specific hearing. Tenant Duty Counsel is a service offered through Legal Aid Ontario and is not affiliated with the Board. 5. Pursuant to Rule 19.7 of the Board’s Rules, a party who does not comply with an order for disclosure may not be permitted to rely on any evidence not properly disclosed. May 17, 2023 ____________________________ Date Issued Fabio Quattrociocchi Member, 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 39637 (CanLII)