LTB Order LTB-T-068696-22

Order under Section 21.2 of the Statutory Powers Procedure Act A. the 2023 ONLTB 25411 (CanLII) Residential Tenancies Act, 2006 Citation: A. v A., 2023 ONLTB 25411 Date: 2023-03-15 File Number: LTB-T-068696-22-RV In the matter of: 2128 MEADOWGATE BOULEVARD LONDON ON N6M0H5 Between: M. Y. T. W. A. A. A. A. Landlord Review Order M. Y. A. W. A. (the 'T.') applied for an order determining that A. A. (the 'Landlord') substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of the T.' household; A. withheld or interfered with the T.' vital services. This application was resolved by order LTB-T-068696-22 issued on January 4, 2023. On January 31, 2023, the Landlord requested a review of the order A. that the order be stayed until the request to review the order is resolved. On February 10, 2023, interim order LTB-T-068696-22-RV-IN was issued, staying the order issued on January 4, 2023. This application was heard in by videoconference on March 6, 2023. Only the Landlord attended the hearing. As of 9:44 a.m., the T. were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. 2023 ONLTB 25411 (CanLII) Order Page 1 out of 2 File Number: LTB-T-068696-22-RV Determinations: 1. The Landlord submitted that there was a serious error in the order issued on January 4, 2023. 2. The order determines that the Landlord disclosed the T.’ personal information to a third party without the consent of the T. in breach of s. 7(3) of the Personal Information Protection A. Electronic Documents Act (PIPEDA). As a result, the Landlord was ordered to pay an administrative fine of $1,000.00 to the Board. 3. The Landlord is challenging the order by stating that he never breached the privacy of the T. A. that it was a requirement for him to let Enercare know about the residents of the rental property. The Landlord added that it was Enercare who had mistakenly created a new account in the name of the T. A. that the fault was not his. The Landlord stated that the Board fine was unfair as he did nothing wrong 4. However, upon questioning the Landlord, I inquired if he obtained permission from the T. before releasing their private information to a third party. The Landlord responded in the negative. 5. The fact that another account was created by Enercare is the direct result of the Landlord releasing private information about the T.. Therefore, on the basis of the submissions made, I am not satisfied that there is a serious error in the order. As such, the Landlord’s request is denied. It is ordered that: 1. The request to review order LTB-T-068696-22 issued on January 4, 2023, is denied. The order is confirmed A. remains unchanged. 2. The interim order issued on February 10, 2023, is cancelled. The stay of order LTB- T068696-22-RV-IN is lifted immediately.  March 15, 2023 ____________________________ Date Issued Michael Di Salle Member, Landlord A. Tenant Board 2023 ONLTB 25411 (CanLII) 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