Due Diligence (Exercise of)

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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.