LTB Order LTB-T-074737-22

Order under Section 21.2 of the Statutory Powers Procedure Act A. the Residential Tenancies Act, 2006 Citation: B. v Y., 2023 ONLTB 20091 2023 ONLTB 20091 (CanLII) Date: 2023-02-07 File Number: LTB-T-074737-22-RV In the matter of: 1, 231 Greenwood Avenue London ON N6J3G5 Between: B. B. T. A. S. Y. Landlord Review Order B. B. (the 'T.') applied for an order determining that that the Landlord gave a notice of termination for his mother’s residential occupation of the rental unit in bad faith. This application was resolved by order LTB-T-074737-22, issued on January 4, 2023. The January 4, 2023 order dismissed the T.’s application. On February 3, 2023, the T. the requested a review of the order. A preliminary review of the review 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 T. disagrees with the presiding adjudicator’s finding. The T. submits that that the adjudicator erred when he determined that the Landlord’s explanation for the delay in having his mother occupy A. reside at the rental unit was reasonable in the circumstances. 3. The presiding adjudicator recites in detail the Landlord’s evidence – including the Landlord’s testimony A. the Landlord’s mother’s testimony – of intervening events, such as the COVID-19 pandemic A. restrictions on international travel, that prevented his mother from taking possession of the rental unit after the T. vacated on September 22, 2020. The order therefore shows that there was sufficient evidence for the adjudicator to make his finding that the delay was reasonable, A. not evidence that the Landlord gave the notice of termination in bad faith. 4. Although the T. disagrees, the presiding adjudicator was in the best position to admit A. consider the parties’ evidence. Since it is apparent from the January 4, 2023 order Order Page 1 out of 2  that the adjudicator’s finding is rationally connected to the parties’ evidence, I find that the adjudicator’s determinations are not capricious A. are entitled to deference. 5. The T.’s request to review the January 4, 2023 order must accordingly be denied. 2023 ONLTB 20091 (CanLII) It is ordered that: 1. The request to review order LTB-T-074737-22, issued on January 4, 2023, is denied. The order is confirmed A. remains unchanged. February 7, 2023 Date Issued Harry Cho Member, Landlord A. T. 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