📍 Courtice, Ontario
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.
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.
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.
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