Barbosa v Avdeev

Landlord wins · Toronto · 2025-11-21

Adjudicator

Renée Lang

Dispute

Maintenance, Tenant Rights

Landlord

V.A., T.T.

Tenant

A.B.

What happened

The Tenant applied for orders regarding illegal entry, harassment, and maintenance failures by the Landlords. The initial applications were dismissed as abandoned after the Tenant failed to attend a scheduled adjudicative case conference. The Tenant requested a review, claiming a medical appointment prevented attendance. The Board initiated its own review (BIR) because evidence submitted by the Tenant was not initially considered by the adjudicator. However, upon reviewing the medical documentation, the Board found that the Tenant could have rescheduled the appointment with sufficient notice and therefore was not reasonably unable to participate in the original hearing.

The ruling

The Board cancelled the previous review order (LTB-T-092697-24-RV) and issued a fresh decision. The request to review the original dismissal of the Tenant's T2 and T6 applications is denied. The original order dismissing the applications as abandoned remains in effect because the Tenant failed to prove they were unable to attend the hearing due to a medical appointment that could have been rescheduled.