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
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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