Ortisi v Brys
Tenant wins · Tilbury · 2025-09-02
- Adjudicator
- Benjamin Seigel
- Dispute
- Illegal Charges, Tenant Rights
- Landlord
- J.B.
- Tenant
- O.E.O., N.O.
- Landlord rep
- Thomas Tzajkowski
What happened
The Landlord sought a review of a previous order that found she had collected or retained money illegally. The Landlord claimed she was unable to attend the original hearing due to illness and argued that the Residential Tenancies Act did not apply because the unit was a short-term/seasonal rental. The Tenant argued the rental was their permanent residence for 10 months of the year while their children were in school.
The ruling
The Landlord's request to review order LTB-T-092171-24 is denied. The original order, which likely ordered the return of illegally retained money to the Tenants, is confirmed and the stay of enforcement is lifted immediately. The Board found the Landlord was not diligent in attending the first hearing and that the tenancy was clearly a residential one, not a vacation rental.