LTB Order LTB-L-074544-22

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: D. v Ijiola, 2023 ONLTB 20897 2023 ONLTB 20897 (CanLII) Date: 2023-02-10 File Number: LTB-L-074544-22-RV In the matter of: Basement #19, 11 Four Winds Drive North York Ontario M3J1K7 Between: J.D. Landlord And Olabisi Ijiola Tenant Omolade Ijiola Review Order J.D. (the 'Landlord') applied for an order to terminate the tenancy and evict Olabisi Ijiola and Omolade Ijiola (the 'Tenant') because the Tenant failed to meet a condition specified in the order issued by the Board, on October 20, 2021, with respect to application LTB-L-074544- 22. This application was resolved by order LTB-L-074544-22 issued on January 26, 2023. On February 9, 2023, the Tenants requested a review of the order and that the order be stayed until the request to review the order is resolved. A preliminary review of the request was completed without a hearing Determinations: 1. On the basis of the submissions made in the request, I am not satisfied that there is a serious error in the order or that a serious error occurred in the proceedings. 2. The order under review is an ex-parte order based on the Tenants’ breach of a consent order TNL-33820-21, issued on October 20, 2021. 3. The Tenants allege that the ex-parte order, issued on January 26, 2023, contains a serious error because it is based on information that is incorrect or misleading. The January 26, 2023 order determines that the Tenants did not pay $400.00 towards the arrears on or before October 25, 2022. The Tenants’ review request does not allege that they made this payment. 4. In their review request, the Tenants allege circumstances to explain their breach and seek discretionary relief from eviction. That is not the purpose of a review. The purpose of a review is to determine whether an order contains a serious error. As explained above, Order Page 1 out of 2  order LTB-L-074544-22 was issued ex-parte based on a declaration the Landlord filed. The Tenants have not identified any error in the order. 5. If the Tenants wish to explain their circumstances and seek relief from eviction, they need to file a motion to set aside the order, not a review request. In addition, since the deadline 2023 ONLTB 20897 (CanLII) to file the motion to set aside has passed, the Tenants will need to file a request to extend time to explain why they missed the deadline. 6. Since the request does not identify any error in the order, the review must be denied. It is ordered that: 1. The request to review order LTB-L-074544-22, issued on January 26, 2023, is denied. 2. The order is confirmed and remains unchanged. February 10, 2023 Date Issued Khalid Akram 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