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RTA - Reviews (Reconsiderations) (3). 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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