Abe v Bickerton — LTB Interim Review Order 2026 ONLTB 45859

L1 portion of the order is stayed; review hearing to be scheduled on the arrears amount issue.
L2 portion of the order is not stayed and remains in force.
All other grounds for review (adjournment, bias, mediation inference, disconnection) are denied.
Parties must disclose evidence at least seven days before the review hearing.
Failure to attend the review hearing may result in costs against the Tenant.

Tenant Kaitlyn Bickerton claimed she was physically and cognitively incapacitated on the April 7, 2026 hearing date due to emergency dental surgery and medication, and sought an adjournment.
The Member denied the adjournment, offered accommodations (speaking through her mother or written responses), which the Tenant declined, and the Tenant then disengaged from the hearing.
The Tenant alleged the Member was biased, drew adverse inferences from mediation refusal, and wrongly found the disconnection voluntary.
On review, the adjudicator found no serious error in most grounds but identified a potential serious error in the L1 order's failure to specify a rent arrears amount payable if the order is not voided.

The L1 order's omission of a rent arrears amount payable if not voided is a potential serious error and is referred to a review hearing.
Denial of adjournment was not a serious error; no adequate medical documentation was provided at hearing or during the review request.
Accommodations offered (speaking through mother, written responses on screen) were reasonable; KB's choice to decline and disengage was voluntary.
Misquoting Manikam was an error but not a serious error, as the Member's adjournment reasons stood independently and the misattributed principle was substantively correct.
No reasonable apprehension of bias was established; the Member's conduct including discussing transcripts with the Landlord's representative was contextually appropriate.
No adverse inference was drawn from the Tenant's refusal of mediation; it was noted only to document options offered.
The Tenant's claim of involuntary internet disconnection was unsupported and inconsistent with the recorded statement that the Tenant would not proceed.

Tenant requested review of orders LTB-L-076816-24 and LTB-L-000868-25 issued May 27, 2026, alleging serious errors and inability to participate.
The L1 portion of the original order (paragraphs 1–6) is stayed pending a review hearing on whether the order failed to include a rent arrears amount.
The L2 portion of the original order (paragraphs 7–14) is not stayed and remains enforceable.
Most review grounds — including adjournment denial, bias, adverse inference from mediation refusal, and voluntary disconnection — were dismissed.
A misquote of Manikam by the original Member was found to be an error but not a serious error given sufficient independent reasons for the adjournment denial.