LTB Order LTB-L-061532-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 2023 ONLTB 25993 (CanLII) Citation: GOLF INN (2769685 Ontario Inc) v Diplock, 2023 ONLTB 25993 Date: 2023-03-10 File Number: LTB-L-061532-22-RV In the matter of: Upper Unit, 13071 Lundy's Lane Thorold ON L2E6S4 Between: A.M. Landlord Danyal Moledina GOLF INN (2769685 Ontario Inc) And Ashante Diplock Tenant Review Order On March 8, 2023, Ashante Diplock (the 'Tenant') requested that interim order LTB-L-061532- 22IN, issued on February 8, 2023 be reviewed on the basis it contains a serious error and that the order be stayed until the request to review the order is resolved. Determinations: 1. The Tenant submits in the review request that interim order LTB-L-061532-22-IN, issued on February 8, 2023 (the “Interim Order”), contains a serious error. 2. By way of background, the Landlord filed a combined L1/L2 Application. The Interim Order addresses a preliminary issue raised by the Tenant regarding “possession” of the rental unit, and in addition, contains a consent to terminate tenancy and a consent to combine the Landlord’s rent arrears application with the Tenant’s T2 and T6 applications. The Landlord’s rent arrears application and the Tenant’s applications were adjourned to be heard by a date set by the Board. 3. It is the Tenant’s submission that the Interim Order contains a serious error due to a purported preliminary issue raised by the Tenant regarding lack of compensation being provided to the Tenant following service of a Form N13 notice of termination. The Tenant claims the L2 Application was “not perfected” due to a lack of compensation and states the Tenant should not be forced “to file a T1 or T5”. Order Page 1 4  4. The Tenant’s request to review the Interim Order must be denied. Section 26.1 of the Board’s Rules of Procedure provides that a party may only request a review of an order which makes 2023 ONLTB 25993 (CanLII) a final determination of a party’s rights. Here, as acknowledged in the review request itself, the member has not made a final determination concerning the compensation issue raised in the review request. While the interim order does terminate the tenancy, the out of Landlord had filed a L1 Application seeking termination of the tenancy and accordingly, the member properly exercised jurisdiction to receive a consent to terminate tenancy from the parties and make such an order. Because the Tenant’s request to review does not show that a serious error exists in respect of a final order, or order making a final determination of rights, the request to review the Interim Order must be denied. It is ordered that: 1. The request to review order LTB-L-061532-22-IN issued on February 8, 2023 is denied. 2. The order is confirmed and remains unchanged. March 10, 2023 ____________________________ Date Issued Peter Nicholson 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 4 Order Page 3 out of 4 2023 ONLTB 25993 (CanLII) Order Page 4 out of 4 2023 ONLTB 25993 (CanLII)