LTB Order LTB-T-076178-22

Order under Section 21.2 of the Statutory Powers Procedure Act A. the Residential Tenancies Act, 2006 Citation: J. v M., 2023 ONLTB 19879 2023 ONLTB 19879 (CanLII) Date: 2023-02-06 File Number: LTB-T-076178-22-RV In the matter of: 2, 62 Erie Avenue Brantford ON N3S2E8 Between: R. J. T. A. S. M. Landlord Review Order R. J. (the 'T.') applied for an order determining that S. M. (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.'s household; • harassed, obstructed, coerced, threatened or interfered with the T.. This application was resolved by order LTB-T-076178-22, issued on December 19, 2022. On February 3, 2023, the T. 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. In the review request, the T. raises arguments that were made at the May 18, 2022 hearing. The T. disagrees with the presiding adjudicator’s finding A. repeats his submission that the Landlord refused to accept payments. 3. The Board’s review process is not an opportunity for a party to re-litigate a matter that has been finally determined, with the hope of achieving a different result. Additionally, whether the Landlord refused to accept the T.’s payments was addressed in Board order SOL- 23197-21-SA, issued on October 27, 2021. The T.’s submissions at the May 18, 2022 hearing, A. in this present review request, represent a collateral attack on the October 27, 2021 order. 4. The T.’s submissions are therefore not grounds to review the December 19, 2022 order. The review request must accordingly be denied. Order Page 1 out of 2 It is ordered that: 1. The request to review order LTB-T-076178-22, issued on December 19, 2022, is denied. The order is confirmed A. remains unchanged. 2023 ONLTB 19879 (CanLII) February 6, 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