Case Study

RAHMAN v Mckeown – LTB Review Order Granted After Landlord Medical Emergency Absence

LTB grants review of set-aside order and schedules re-hearing after Landlord missed September 10, 2025 hearing due to family medical emergency

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 31, 2025 (review hearing); September 10, 2025 (original set aside hearing)

Order Issued: November 10, 2025

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-064032-25-SA-RV-IN2

Address: 667 Townline Rd N, Courtice ON L1E2J4

Form Used: Agreement to terminate tenancy

Served By: Date not provided

Amount Awarded:

Decision In Favor: Landlord (review granted, prior set-aside order cancelled)

Application Type: Eviction based on agreement to terminate tenancy (Set Aside Motion Review)

RTA Sections: Section 21.2 of the Statutory Powers Procedure Act, Residential Tenancies Act, 2006, Rule 19.7 (LTB Rules – disclosure compliance)

👥 Parties involved

Landlord: Salekur Rahman

Landlord Rep: Self Represented

Tenant: Alanna Mariah Helen Mckeown, Jason John Miller

Tenant Rep: Self Represented

Adjudicator: Robert Patchett, Vice Chair

Keywords: review order, set aside motion, agreement to terminate, medical emergency, unable to participate, natural justice, re-hearing, King-Winton v Doverhold

⚖️ Decision summary

Review of the September 15, 2025 order is granted and that order is cancelled.
LTB to schedule a re-hearing of the Tenant's set aside motion.
Both parties must exchange and file all evidence at least 5 days before the re-hearing.
The Member declared they are not seized of the matter.

⚠️ Dispute summary

Landlord and Tenant had an agreement to terminate the tenancy; Landlord sought enforcement via LTB.
Tenants filed a set aside motion which was heard on September 10, 2025 without the Landlord present.
Landlord missed the hearing due to a family member's medical emergency requiring a walk-in clinic visit.
Landlord was unable to notify the LTB at the time due to the nature of the emergency.

📑 Findings & determinations

The order of September 15, 2025 granted a motion to set aside Order LTB-L-064032-25-SA issued August 11, 2025.
The Landlord was found to not have been reasonably able to participate in the September 10, 2025 hearing due to a family medical emergency, supported by medical documentation.
Citing King-Winton v. Doverhold Investments Ltd., 2008 CanLII 60708, the Member held that 'being reasonably able to participate must be interpreted broadly' and natural justice requires this broad interpretation.
The review was granted; there was insufficient time to conduct the re-hearing at the review hearing itself.

💡 Summary points

Landlord applied to evict tenants based on an agreement to terminate tenancy.
Original eviction order (Aug 11, 2025) was set aside on Sept 15, 2025 after a hearing the Landlord did not attend.
Landlord requested a review, citing a family medical emergency on the day of the Sept 10 hearing.
Medical documentation (prescriptions and test referrals dated Sept 10, 2025) was submitted as evidence.
Review was granted; the Sept 15 set-aside order was cancelled and a re-hearing was ordered.

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🏷️ Related by keywords

review order set aside motion agreement to terminate medical emergency unable to participate natural justice re-hearing King-Winton v Doverhold