Court File and Parties
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
BETWEEN: Fidèle Likibi
AND: 2838752 Ontario Inc.
BEFORE: Mr Justice Ramsay
COUNSEL: The appellant self-represented; the respondent represented by its principal, George Palakattu; Sabrina Fiacco for the Landlord and Tenant Board
HEARD: June 18, 2026, at Hamilton
Endorsement
1The Landlord and Tenant Board heard the application of the landlord for arrears of rent. The member resigned before releasing his decision. The chairman of the Board ordered a new hearing. The tenant did not appear at the new hearing although duly notified. The Board awarded $9,137 in arrears of rent. The tenant appeals under s.210 of the Residential Tenancies Act, 2006 (“the Act”), which permits an appeal on a question of law alone.
2The appellant says that the Board erred by not issuing the decision of the original member. The effect of this is to demand that the Board do the impossible.
3The Board has the power to regulate its own procedure, which includes the power to order a new hearing in the circumstances: s.25.01, Statutory Powers Procedure Act, s.187, Residential Tenancies Act, 2006. The specific power to order a hearing de novo is now codified in s. 4 of the Act.
4The appellant says that since the first hearing the exhibits are no longer available. Therefore, he was denied procedural fairness. But any exhibit filed at the first hearing would be in the possession of the Board. If there are any documents in the appellant’s possession which he destroyed before getting the decision of the Board, that is his own negligence.
5I see no error of law nor denial of procedural fairness.
J.A. Ramsay J.
Date: 2026-06-18