Due Diligence (Exercise of): Difference between revisions

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(Created page with "Category:Hearing Process (LTB) {{Citation: | categories = [Hearing Process (LTB)] | shortlink = }} ==Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV)== <ref name="Reid">Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV), <File:LTB-T-056551-22 RV.pdf, https://rvt.link/fo>, retrieved 2025-06-05</ref>")
 
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==Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV)==
==Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV)==


5. The Landlord claims she did not receive the notice by mail as that is not the correct address. The Landlord acknowledge receiving the notice of hearing by e-mail; however, it went to her junk mail folder. She did not check her junk mail folder until after the hearing. 
6. In Q Res IV Operating GP Inc. v. Berezovs’ka, 2017 ONSC 5541 (Div. Ct.) (CanLII), the Divisional Court affirmed that a party to a Board proceeding must exercise appropriate diligence to be aware of and to attend a Board proceeding. In this case, I find the Landlord’s lack of diligence to be the reason why she did not receive the notice of hearing.




<ref name="Reid">Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV), <[[File:LTB-T-056551-22 RV.pdf]], https://rvt.link/fo>, retrieved 2025-06-05</ref>
<ref name="Reid">Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV), <[[File:LTB-T-056551-22 RV.pdf]], https://rvt.link/fo>, retrieved 2025-06-05</ref>
==References==

Revision as of 15:04, 5 June 2025


🥷 Caselaw.Ninja, Riverview Group Publishing 2025 ©
Date Retrieved: 2025-06-07
CLNP Page ID: 2507
Page Categories: [Hearing Process (LTB)]
Citation: Due Diligence (Exercise of), CLNP 2507, <https://rvt.link/fp>, retrieved on 2025-06-07
Editor: Sharvey
Last Updated: 2025/06/05


Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV)

5. The Landlord claims she did not receive the notice by mail as that is not the correct address. The Landlord acknowledge receiving the notice of hearing by e-mail; however, it went to her junk mail folder. She did not check her junk mail folder until after the hearing.

6. In Q Res IV Operating GP Inc. v. Berezovs’ka, 2017 ONSC 5541 (Div. Ct.) (CanLII), the Divisional Court affirmed that a party to a Board proceeding must exercise appropriate diligence to be aware of and to attend a Board proceeding. In this case, I find the Landlord’s lack of diligence to be the reason why she did not receive the notice of hearing.


[1]

References

  1. Shewen v. Reid, 2024 ONLTB 25484 (LTB-T-056551-22-RV), <File:LTB-T-056551-22 RV.pdf, https://rvt.link/fo>, retrieved 2025-06-05