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RTA - Reviews (Reconsiderations) (3). Gorscak v. Jarzabek
In Gorscak v. Jarzabek (Ont Div Ct, 2025) the Ontario Divisional Court allowed a tenant's RTA s.210 appeal, this brought against the termination of tenancy on grounds of RTA s.66 ['Termination for cause, act impairs safety'] in the context of a fire.
Here the court considered an LTB review (aka reconsideration) issue:[38] The Board’s Rules of Procedure made pursuant to s. 176 of the RTA and s. 25.1 of the SPPA implement the authority afforded by s. 21.2 of the SPPA for a tribunal to review all or part of its own decision or order, and may confirm, vary, suspend or cancel the decision or order. An Order may be reviewed on the basis that the requesting party was not reasonably able to participate in the proceeding: RTA, s. 209(2). In addition, an Order may be reviewed if there was a “serious error”: See s. 26.8(e) of the Board’s Rules of Procedure. A “serious error” includes an error of jurisdiction (such as when the Board exceeds its authority), a procedural error, an unreasonable finding of fact on a material issue which would potentially change the result of the Order, new evidence which was unavailable at the time of the hearing and which is potentially determinative of a central issue, an error of law such as an order interpreting the RTA which is clearly wrong and unreasonable, an unreasonable exercise of discretion which results in an order outside the usual range of results: See Review of an Order - Interpretation Guideline 8 – December 15, 2018 – Tribunals Ontario – Landlord and Tenant Board.
[39] I find that the Review Member misstated the test for review of an Order. Nevertheless, I would not set aside the Review Order on that basis alone as there is no suggestion that any issues raised by the appellant would have been properly before the Review Member if the correct test for review had been applied. . Steubing v. Drewlo Holdings Inc.
In Steubing v. Drewlo Holdings Inc. (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a tenant's RTA s.210 appeal, here from "a Motion to Set Aside Order ... [which] terminated the tenancy ..." and the subsequent dismissed LTB review.
This is an RTA s.78(11) non-payment case [See 'Enforceable-Order-to-Eviction "Catch-Up Payment" and Tenant's One-Time Motion to Set Aside Eviction Order' - http://www.isthatlegal.ca/index.php?name=termination_non-payment.tenant_law_ontario#Enforceable-Order-to-Eviction%20Catch-Up%20Payment%20and%20Tenant's%20One-Time%20Motion%20to%20Set%20Aside%20Eviction%20Order].
Here the court considers LTB 'reviews' (aka 'reconsiderations'):[35] A review will be dismissed unless the LTB is satisfied that the new evidence could not have been produced at the original hearing, is material to the issues in dispute and its consideration could change the result: Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 SCR 759, page 775; Spirleanu v. Transglobe Property Management Service Ltd., 2015 ONCA 187 (CanLII), at para. 2. . Ashley Manor Housing Corporation v. Malcolm [no 2nd recon requests]
In Ashley Manor Housing Corporation v. Malcolm (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an RTA appeal filing, this brought against an "appeal from a Review Order of the Landlord and Tenant Board ".
The court notes that the LTB Rules bar repeat review ('reconsideration') requests [Rules 26.18]:[7] The LTB’s power to review its own decisions is further detailed in Rule 26 of the LTB Rules of Procedure. Rule 26.18 makes clear that a party may request only one review of the same order. It provides:26.18 The LTB will not consider a further request to review the same order or to review the review order from the same requesting party. [8] A party to a LTB proceeding may appeal either from the original final decision of the LTB, or, if it seeks a review of that decision, from the Review Decision. Either way, the appeal must be brought within 30 days of the decision pursuant to s. 210(1) of the RTA. There is no right to review a review decision, and a party cannot extend the appeal period by seeking to review a review decision. In the present case, the Tenant’s request to review the LTB decision was dismissed on July 9, 2025, and the appeal period ended on August 9, 2025.
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[13] A motion for an extension of time to appeal may be brought as a motion in writing under Rule 37.12.1, particularly if the motion is not opposed.
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