In Wright v. Lallion (Div Court, 2024) the Divisional Court allowed an RTA s.210 appeal, here where the tenants confused the hearing dates due to dual applications being brought.
The court located a breach of procedural fairness where the LTB denied a reconsideration hearing (ie. the Board denied the reconsideration at the summary phase) on this issue, and remitted the LTB case back to an entirely new hearing rather than a re-do of the reconsideration:
[14] This gives rise to the question of remedy under s. 210 of the Act. In my view, the efficient course of action here is to send this back for a new hearing on the merits, rather than the potential two-step process that would begin with a review hearing. The only issue will be arrears of rent. The eviction order is no longer at issue.
[15] This appeal is therefore granted, and the matter is returned to the LTB for a hearing before a different Member on the issue of arrears of rent. The respondent shall pay costs fixed at $4,000, all inclusive, which shall be credited against the arrears of rent.
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