LTB Order LTB-L-056856-22

Order under Section 21.2 of the 2023 ONLTB 37587 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Yusuf T. v Travis Stafford, 2023 ONLTB 37587 Date: 2023-05-09 File Number: LTB- L-056856-22-RV-IN In the matter of: 410, 104 Garment Street Kitchener ON N2G0C8 Between: M.T. Landlord Yusuf T. And Jenna Munro Tenant Travis Stafford INTERIM ORDER On May 5, 2023 Travis Stafford (the Tenant) requested that order LTB-L-056856-22 issued on April 26, 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 the Tenants 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 Tenants were reasonably able to participate in the proceedings 3. In order to preserve the rights of the Tenants 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 Tenants. It is ordered that: 1. Order LTB-L-056856-22 issued on April 26, 2023 is stayed until otherwise ordered. 2023 ONLTB 37587 (CanLII) Order Page 1 out of 2 File Number: LTB-L-056856-22 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. 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 possible, the parties shall exchange information by email. For service where email is not available or for any other necessary communication, the parties must respect social distancing measures required by public health in the service and filing of all documents. 5. 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. 6. 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 9, 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 37587 (CanLII)