CITATION: Bailis v. Ieraci, 2024 ONSC 4467

DIVISIONAL COURT FILE NO.: 24/151

DATE: 20240812

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

BETWEEN:

Jordan Bailis

Tenant/Appellant

– and –

Frank Ieraci

Landlord/Respondent

Jordan Bailis, for himself

Frank Ieraci, for himself

HEARD at Toronto: In Writing

SHORE J.

REASONS FOR DECISION

[1] The Appellant brought this motion to permit fresh evidence on his appeal.

[2] The Tenant is appealing the Landlord and Tenant Board’s (LTB) decision, dated January 3, 2023, denying his request to review the LTB decision dated July 20, 2023. He is appealing on the ground that the LTB failed to consider his accommodation request. The fresh evidence relates to whether the accommodation request was before the Board when the decisions were made.

[3] In July 2024, the Board initiated a review of both the January 3, 2024, and the July 20, 2023, orders. The July 20, 2023, order was stayed pending the review. The primary issue on the LTB review is whether the Board was aware of and/or considered a request for accommodation under the Human Rights Code, if it was relevant to the January 3, 2024, review, and if omitting to consider the information represents a serious error.

[4] As a result of this review, the appeal, scheduled to be heard August 15, 2024, was adjourned, as set out in my direction dated August 1, 2024.

[5] The outcome of the LTB review may affect the motion for fresh evidence as well as the appeal itself. The motion for fresh evidence should also be adjourned and will be discussed at the case management conference scheduled before me on August 1, 2024.

[6] Motion adjourned, without prejudice, to be discussed at the case management conference scheduled for August 15, 2024, and rescheduled, if necessary.

SHORE J.

Released: August 12, 2024

CITATION: Bailis v. Ieraci, 2024 ONSC 4467

DIVISIONAL COURT FILE NO.: 151/24

DATE: 20240812

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

BETWEEN:

Jordan Bailis

Tenant /Appellant

AND:

Frank Ieraci

Landlord/Respondent

REASONS FOR decision

SHORE J.

Date: 20240812