Failed to Attend (Scheduling Mistake by Representative)(LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-02
CLNP Page ID:	2062
Page Categories:	[Request to Review (LTB)]
Citation:	Failed to Attend (Scheduling Mistake by Representative)(LTB), CLNP 2062, <>, retrieved on 2024-10-02
Editor:	Sharvey
Last Updated:	2023/01/24

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Starlight Investments v Burns, 2021 CanLII 147971 (ON LTB)

2. For the following reasons, I find that the Landlord’s request for review should be granted. The Landlord’s legal representative says that they did not receive notice for the November 16, 2020, hearing. The Board’s records indicate that a notice of hearing was sent by email to a paralegal who may, or may not, have been the Landlord’s legal representative at the time. At the review hearing, the Landlord’s legal representative explained that, at the time, the Landlord’s ownership was in a state of flux and it was not overly clear who was representing the Landlord at the relevant time. I would also note that it is not clear from the Board’s records whether a notice of hearing was sent to the Landlord’s legal representative by mail.

3. Based on the evidence before me, I am satisfied on the balance of probabilities that the Landlord did not receive notice of the November 16, 2020, hearing and was not reasonably able to participate. For these reasons, I find that the Landlord’s request for review should be granted.

Hamilton Holdings Inc. v Adams, 2021 CanLII 66111 (ON LTB)

1. The Landlord or a representative of the Landlord did not attend the hearing on December 4, 2020 and alleges that on the day of the scheduled hearing their Representative for an undisclosed health issue was not reasonably able to participate at the hearing.

2. In the Landlord’s request to review they plead the reason for applying for the request is because the order contains a serious error. Not being able to reasonably participate in a hearing does not constitute a serious error.

3. The stated reasons set out in the request do not provide sufficient details to ascertain why someone authorized on behalf of the Landlord could not have attended to participate in the hearing. The notice of hearing clearly provides instructions and states that –

It is very important for you to attend the hearing. If you are late, or if you do not attend your hearing, it may take place without you, and if you do not attend the hearing or send a representative, your application may be dismissed without any further notice. If you cannot participate in the hearing or are experiencing technical difficulties, you are to immediately contact the Board.

4. The Board has to control its process, in this instance, an allotted time and resources were provided to assist parties to resolve the application, and therefore parties, especially applicants are expected to attend/participate in the scheduled hearing.

5. In my opinion, a representative of the Landlord could and should have at the very least attended the hearing, and as a preliminary matter on the day of the hearing make a request to the Member to consider adjourning the proceedings.

6. 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. I am also not satisfied that the Landlord was not reasonably able to participate in the hearing.