LTB Order LTB-L-078424-22

Order under Section 21.2 of the 2023 ONLTB 32865 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: L. and L. v Wagner, 2023 ONLTB 32865 Date: 2023-04-17 File Number: LTB-L- 078424-22-SA-RV-IN In the matter of: 2, 72 BARBARA CRES KITCHENER ON N2M4N2 Between: J.L. Landlords Laurie L. And Nicole Wagner Tenant INTERIM ORDER On April 11, 2023, the Landlord requested that set aside motion order LTB-L-078424-22SA, issued on April 11, 2023, be reviewed. Determinations: 1. The Landlords submit the April 11, 2023 motion order contains serious errors. 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 day to determine the merits of the Tenant’s set aside motion. 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 Landlords. It is ordered that: 1. The LTB shall schedule a hearing of the Landlords’ request to review the April 11, 2023 set aside motion 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. 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 2023 ONLTB 32865 (CanLII) Order Page 1 out of 2 File Number: LTB-L-078424-22-SA-RV-IN 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. If e-mail communication is unavailable or inadequate for the exchange of evidence the parties shall comply with all Health Canada guidelines with respect to social distancing and isolation available at https://www.canada.ca/en/public-health/services/diseases/2019novel- coronavirus-infection/guidance-documents.html. 6. 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. April 17, 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 32865 (CanLII)