Order under Section 21.

2 of the
Statutory Powers Procedure Act
and the Residential Tenancies Act, 2006

File Number: TSL-73114-16-RV

2016 CanLII 57269 (ON LTB)

Review Order

JD and ZL (the 'Landlords') applied for an order to terminate the tenancy and evict SD (the
'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlords also
claimed administration charges related to NSF cheques.

The Landlords applied for an order to terminate the tenancy and evict the Tenant because the
Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential
complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or
interest of the Landlords or another tenant. The Landlords also claimed compensation for each
day the Tenant remained in the unit after the termination date as well as administration charges
related to NSF cheques.

This application was resolved by order TSL-73114-16 issued on June 27, 2016.

On June 30, 2016, the Tenant 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 Tenant alleges that she does not owe any rent and states that the Landlords have to
contact the bank to collect her March 2016 rent, which was paid by cheque no. 49. It is
the Tenant’s responsibility to ensure that her bank honours her cheques.

3. The Tenant further alleges many errors on the part of the original Member, including
Member’s findings of fact with respect to the Tenant’s interference with the reasonable
enjoyment of the Landlords and other tenants. As the Tenant has not shown that there
was no evidence to support the Member’s findings or that the Member’s findings are
capricious or unreasonable, a review is not warranted. It is important to note that the
Tenant’s own recordings confirmed some of the allegations against her and did not
support her claim that the Landlords harassed her. The Member was also in a better
position to assess the credibility of the witnesses before him.

4. The Tenant submits that she was not reasonably able to participate in the hearing
because the Member did not accept all her evidence. It is open to the Member to exclude
evidence that is repetitive or not relevant. The Tenant submits that she was not aware all

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 File Number: TSL-73114-16

the allegations against her. The Landlord attached detailed allegations to the notice of
termination (Form N5) and the notice was properly served.

5. Lastly, the Tenant argues that the Member erred in ordering Board costs in the amount of
$40.00 against her. The Member did not err in ordering Board costs because the

2016 CanLII 57269 (ON LTB)

Tenant’s conduct was unreasonable. The Tenant did not act in an orderly manner at the
hearing and refused to follow the Member’s directions (Guideline 3 of the Landlord and
Tenant Interpretation Guidelines).

It is ordered that:

1. The request to review order TSL-73114-16 issued on June 27, 2016, is denied. The order
is confirmed and remains unchanged.

2. The Tenant, upon receipt of this order, must give a copy of this order to the Landlords by
a method set out in subsection 191 (1) of the Residential Tenancies Act, 2006, other than
by sending it by mail or courier to the last known address where the Landlords reside or
carry on business.

July 5, 2016 _______________________

Date Issued Egya Sangmuah
Vice Chair, Landlord and Tenant Board

Toronto South-RO
79 St. Clair Avenue East, Suite 212, 2nd Floor
Toronto ON M4T1M6

If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.

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