Case Study

LTB Order Review on Residential Tenancies Act Applicability

Case LTB-L-074484-22 Decision

🕑 Case timeline

Application Date: August 17, 2021

Hearing Date: December 2, 2022

Order Issued: April 13, 2023

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-L-074484-22
Address: 1030 Bertie Street, Fort Erie, Ontario L2A5S1
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Review of whether the Residential Tenancies Act applies
RTA Sections: Section 5(h)

👥 Parties involved

Landlord: Paul Scherer, The Niagara Self Storage Company
Landlord Rep: Self Represented
Tenant: Heather MacDonald, Richard Todd, R&H Enterprises
Tenant Rep: Self Represented
Adjudicator: Harry Cho
Keywords: review order, Residential Tenancies Act, exemption, procedural fairness

⚖️ Decision summary

Request to review the March 8, 2023 order is denied.
Original findings that the Act does not apply are upheld.

⚠️ Dispute summary

Landlords challenged the application of the Residential Tenancies Act to their property.
Tenants argued for a two-stage review process.

📑 Findings & determinations

No serious error in initial proceedings.
Review process was conducted fairly and with procedural fairness.
Review adjudicator's findings are supported by evidence and are reasonable.

💡 Summary points

Review of initial decision on whether the Residential Tenancies Act applies.
Initial order found the Act applies; review requested by Landlord.
Review confirmed the Act does not apply to this tenancy.
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