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Request To Review Order
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In Ontario, tenants can request a review of an LTB order if they believe a serious error was made. Examples include the decision failing to consider the impact of bank fraud on rent payments, overlooking evidence of actions taken to resolve banking issues, and not acknowledging the severity of the banking problems. Tenants must act promptly, typically within 30 days, to request a review or appeal to the Divisional Court.Full Conversation
could you provide * hypothetical examples
Sure, here are some hypothetical scenarios:
*. The tenant was not given proper notice of the hearing.
*. The LTB made a factual error in the order.
*. The tenant was denied the opportunity to present their case.
*. The LTB did not follow the law or misinterpreted it.
*. New evidence has been discovered after the order.
*. The order is unjust due to a procedural error.
*. The order was made in the tenant's absence due to unavoidable circumstances.
*. The order was biased towards the landlord.
*. The LTB failed to consider relevant evidence.
*. The LTB exceeded its jurisdiction in the order.
*. The tenant was not given proper notice of the hearing.
*. The LTB made a factual error in the order.
*. The tenant was denied the opportunity to present their case.
*. The LTB did not follow the law or misinterpreted it.
*. New evidence has been discovered after the order.
*. The order is unjust due to a procedural error.
*. The order was made in the tenant's absence due to unavoidable circumstances.
*. The order was biased towards the landlord.
*. The LTB failed to consider relevant evidence.
*. The LTB exceeded its jurisdiction in the order.
if ltb makes a factual error in the order what are your options to request
In Ontario, if the Landlord and Tenant Board (LTB) makes a factual error in the order, you have the option to:
- Request a review of the order within 30 days.
- If denied, appeal the decision to the Divisional Court within 30 days.
It's crucial to act promptly as time limitations apply.
- Request a review of the order within 30 days.
- If denied, appeal the decision to the Divisional Court within 30 days.
It's crucial to act promptly as time limitations apply.
in which cases is tenant eligible for dismissing eviction during request to review order
In Ontario, a tenant can potentially have an eviction dismissed during a request to review order if:
*. The eviction order was made in error.
*. The tenant was not properly notified about the hearing.
*. There is new evidence to present that wasn't available during the original hearing.
*. The order was made in the tenant's absence due to unavoidable circumstances.
*. The LTB didn't consider significant evidence.
*. The eviction order was made in error.
*. The tenant was not properly notified about the hearing.
*. There is new evidence to present that wasn't available during the original hearing.
*. The order was made in the tenant's absence due to unavoidable circumstances.
*. The LTB didn't consider significant evidence.
please revise the following section i am submitting for the request to review portion of "Explain the circumstances leading to the request." to make it legally and professionally admissible, and remove anything repetitive, correct spelling and grammar - Due to fraudulent activity compromising my bank account, I was unable to pay rent for several months. I promptly reported this to TD Bank, the RCMP, and the CACF, providing my landlord with screenshot evidence of these reports.
During the ensuing investigation, I lost access to my account, inhibiting my ability to make payments or monitor activity, or retrieve statements. Despite my consistent attempts to resolve the issue through numerous in-person visits and calls to TD, the bank failed to provide a satisfactory resolution or closure to my case.
Upon regaining access to my account, which was not the same original account. I was inundated with hundreds-thousands of dollars in NSF fees when my pay was deposited. I went to TD bank in person over * times, I made over * phone calls to resolve this. The NSF fees were reversed, and occurred again multiple times over and over. Even when the fees were reversed, the collections dept. of TD was not aware that the branch had reversed the NSF transactions, and withdrew money from my account causing further problems. This account was also closed, which did not give me the ability to view it. This cycle repeated itself multiple times. I received no cooperation from TD, I still have not recovered the money taken from my account. All attempts to resolve this issue were in person, or over the phone as almost all bank interactions are.
At the time of my bank problems I did not reasonably think I would require more evidence than I had at the time, or I would need to provide evidence in court in the future. The LTB member during the first hearing said they believed me, I did not feel the need to retrieve further evidence after this for the second hearing. I was truthful about reporting the issues to TD, CACF/RCMP, the landlord. I have been nothing but truthful, and I can assure you the information I am providing is accurate as I was employed with Bank of Montreal for 7 years.
In the initial LTB hearing Feb * *, my situation was acknowledged fairly,and discussed. My evidence was acknowledged as sufficient, and the case was adjourned due to the landlord claiming I had not paid rent that I had paid.
The second hearing went completely different.
Due to fraudulent activity, my bank account was compromised which led to my inability to pay rent for months. I immediately informed TD Bank, RCMP, and CACF, and presented my landlord with proof of my actions.
During the investigation, I lost my account access, thus hindering my ability to make payments, monitor activity or retrieve statements. Despite numerous attempts to resolve the issue with TD, no satisfactory resolution was achieved.
Upon regaining access to a different account, I was overwhelmed with NSF fees. Despite countless visits and calls to TD, the fees were reversed and reoccurred multiple times. The bank's collections department, unaware of the reversals, further complicated matters by withdrawing money from my account.
I did not anticipate needing more evidence during my bank issues, particularly after the first LTB hearing where my situation was acknowledged and my evidence deemed sufficient. I can assure accuracy in my claims, given my *-year tenure at Bank of Montreal.
The initial LTB hearing acknowledged my situation fairly. However, the second hearing varied greatly.
During the investigation, I lost my account access, thus hindering my ability to make payments, monitor activity or retrieve statements. Despite numerous attempts to resolve the issue with TD, no satisfactory resolution was achieved.
Upon regaining access to a different account, I was overwhelmed with NSF fees. Despite countless visits and calls to TD, the fees were reversed and reoccurred multiple times. The bank's collections department, unaware of the reversals, further complicated matters by withdrawing money from my account.
I did not anticipate needing more evidence during my bank issues, particularly after the first LTB hearing where my situation was acknowledged and my evidence deemed sufficient. I can assure accuracy in my claims, given my *-year tenure at Bank of Montreal.
The initial LTB hearing acknowledged my situation fairly. However, the second hearing varied greatly.
give me an example of what to submit on request for review for Specify the outcome of the initial LTB decision.
When submitting a request for review regarding the outcome of the initial LTB decision, you could write:
"I respectfully request a review of the initial LTB decision made on (DATE). The decision was based on a misunderstanding of my banking issues, which I believe were sufficiently documented. The eviction order was unjust as I was not at fault for the missed payments due to bank fraud. I am seeking a reversal of the eviction decision."
"I respectfully request a review of the initial LTB decision made on (DATE). The decision was based on a misunderstanding of my banking issues, which I believe were sufficiently documented. The eviction order was unjust as I was not at fault for the missed payments due to bank fraud. I am seeking a reversal of the eviction decision."
please give me * more examples
Sure, here are additional examples of what you could write in the "Outcome of the initial LTB decision" section:
*. "The initial decision was not aligned with the evidence presented showing that the late rent payments were due to unavoidable circumstances."
*. "The initial decision overlooked my prompt actions to resolve the banking issues, which were the cause of the missed rent payments."
*. "I believe the initial decision did not fairly consider the severity of the bank fraud situation I was experiencing."
*. "The initial decision did not acknowledge the efforts I made to rectify the situation with TD bank."
*. "I request a review of the initial decision as I believe it misinterpreted the impact of the banking issues on my ability to pay rent."
*. "I believe the initial decision was not based on a complete understanding of my situation, including my efforts to resolve the banking issue."
*. "I request a review of the initial LTB decision as it failed to recognise my actions to rectify the situation caused by TD Bank."
*. "The initial decision did not take into account the significant banking problems I experienced."
*. "The initial LTB decision overlooked the fact that the banking issues were beyond my control."
*. "I believe the initial decision failed to
*. "The initial decision was not aligned with the evidence presented showing that the late rent payments were due to unavoidable circumstances."
*. "The initial decision overlooked my prompt actions to resolve the banking issues, which were the cause of the missed rent payments."
*. "I believe the initial decision did not fairly consider the severity of the bank fraud situation I was experiencing."
*. "The initial decision did not acknowledge the efforts I made to rectify the situation with TD bank."
*. "I request a review of the initial decision as I believe it misinterpreted the impact of the banking issues on my ability to pay rent."
*. "I believe the initial decision was not based on a complete understanding of my situation, including my efforts to resolve the banking issue."
*. "I request a review of the initial LTB decision as it failed to recognise my actions to rectify the situation caused by TD Bank."
*. "The initial decision did not take into account the significant banking problems I experienced."
*. "The initial LTB decision overlooked the fact that the banking issues were beyond my control."
*. "I believe the initial decision failed to
give me an example of how to properly legally fill in a request for review form
Sure, here's an example of how to fill in a request for review form:
*. Applicant's Full Name: [Your Full Name]
*. Applicant's Address: [Your Current Address]
*. File Number: [File number from original LTB decision]
*. Date of Order: [Date of the original decision]
*. Section for "Explain the circumstances leading to the request": [Detailed explanation, for example, "Due to a misunderstanding of my banking issues, which I believe were sufficiently documented, an unjust eviction order was issued."]
*. Section for "Specify the outcome of the initial LTB decision": [Provide details, for example, "The LTB ordered an eviction based on missed rent payments, which were due to bank fraud."]
*. Section for "What is the serious error you believe was made in the decision?": [Provide details of the error, for example, "The decision failed to consider the impact of the bank fraud on my ability to pay rent."]
*. Section for "What result do you want from the review?": [Specify desired outcome, for example, "I am seeking a reversal of the eviction decision."]
Remember to sign and date the form.
*. Applicant's Full Name: [Your Full Name]
*. Applicant's Address: [Your Current Address]
*. File Number: [File number from original LTB decision]
*. Date of Order: [Date of the original decision]
*. Section for "Explain the circumstances leading to the request": [Detailed explanation, for example, "Due to a misunderstanding of my banking issues, which I believe were sufficiently documented, an unjust eviction order was issued."]
*. Section for "Specify the outcome of the initial LTB decision": [Provide details, for example, "The LTB ordered an eviction based on missed rent payments, which were due to bank fraud."]
*. Section for "What is the serious error you believe was made in the decision?": [Provide details of the error, for example, "The decision failed to consider the impact of the bank fraud on my ability to pay rent."]
*. Section for "What result do you want from the review?": [Specify desired outcome, for example, "I am seeking a reversal of the eviction decision."]
Remember to sign and date the form.
can you explain each point and give an example
Certainly, let's break down each section of the request for review form:
*. Applicant's Full Name: This is where you put your complete legal name. For example, "John Doe".
*. Applicant's Address: This is where you put your current residential address. For example, "* Maple St, Toronto, ON".
*. File Number: This would be the unique number assigned to your case by the Landlord and Tenant Board. For example, "LTB-*".
*. Date of Order: This is the date when the original decision was made. For example, "February *, *."
*. Section for "Explain the circumstances leading to the request": Here you detail the situation that led to the request. For example, "I was unable to pay rent due to banking issues caused by fraud."
*. Section for "Specify the outcome of the initial LTB decision": Here you explain what the original decision was. For example, "The LTB ordered eviction due to missed rent payments."
*. Section for "What is the serious error you believe was made in the decision": Here you specify the error you believe occurred in the decision. For example, "The LTB did not consider the impact of
*. Applicant's Full Name: This is where you put your complete legal name. For example, "John Doe".
*. Applicant's Address: This is where you put your current residential address. For example, "* Maple St, Toronto, ON".
*. File Number: This would be the unique number assigned to your case by the Landlord and Tenant Board. For example, "LTB-*".
*. Date of Order: This is the date when the original decision was made. For example, "February *, *."
*. Section for "Explain the circumstances leading to the request": Here you detail the situation that led to the request. For example, "I was unable to pay rent due to banking issues caused by fraud."
*. Section for "Specify the outcome of the initial LTB decision": Here you explain what the original decision was. For example, "The LTB ordered eviction due to missed rent payments."
*. Section for "What is the serious error you believe was made in the decision": Here you specify the error you believe occurred in the decision. For example, "The LTB did not consider the impact of
please give detailed samples of each
*. Applicant's Full Name: This is the legal name of the person filing the request. For example, "John Smith".
*. Applicant's Address: This is the current residential address of the person filing the request. For example, "* Main Street, Toronto, Ontario, M4M 1M1".
*. File Number: This is the unique number assigned to your case by the LTB. For example, "LTB-*-*".
*. Date of Order: This is the date when the original order was made by the LTB. For example, "January *, *".
*. Explain the circumstances leading to the request: In this section, you explain the situation that led you to request a review. For example, "Due to a misunderstanding of my financial situation, an eviction order was issued."
*. Specify the outcome of the initial LTB decision: Here, you specify the outcome of the LTB's original decision. For example, "The LTB issued an eviction order due to unpaid rent."
*. What is the serious error you believe was made in the decision: In this section, outline the significant error you believe was made in the LTB's decision. For example, "
*. Applicant's Address: This is the current residential address of the person filing the request. For example, "* Main Street, Toronto, Ontario, M4M 1M1".
*. File Number: This is the unique number assigned to your case by the LTB. For example, "LTB-*-*".
*. Date of Order: This is the date when the original order was made by the LTB. For example, "January *, *".
*. Explain the circumstances leading to the request: In this section, you explain the situation that led you to request a review. For example, "Due to a misunderstanding of my financial situation, an eviction order was issued."
*. Specify the outcome of the initial LTB decision: Here, you specify the outcome of the LTB's original decision. For example, "The LTB issued an eviction order due to unpaid rent."
*. What is the serious error you believe was made in the decision: In this section, outline the significant error you believe was made in the LTB's decision. For example, "
please give detailed samples of each
*. Applicant's Full Name: Here, provide your legal name. For instance, "Jane Doe".
*. Applicant's Address: Input your current residential address. For example, "* Maple Street, Toronto, ON, M5V 2T1".
*. File Number: This is the unique case number assigned by the LTB. For example, "LTB-*-*".
*. Date of Order: Indicate the date when the initial LTB order was issued. For instance, "March *, *".
*. Explain the circumstances leading to the request: Detail the circumstances that prompted your request for review. For example, "I was a victim of bank fraud, leading to missed rent payments."
*. Specify the outcome of the initial LTB decision: Describe the outcome of the original LTB decision. For instance, "The LTB ordered an eviction due to missed rent payments."
*. What is the serious error you believe was made in the decision: Specify the serious error you believe was made in the decision. For example, "The LTB decision did not take into account the bank fraud incident affecting my ability to pay rent."
*. Applicant's Address: Input your current residential address. For example, "* Maple Street, Toronto, ON, M5V 2T1".
*. File Number: This is the unique case number assigned by the LTB. For example, "LTB-*-*".
*. Date of Order: Indicate the date when the initial LTB order was issued. For instance, "March *, *".
*. Explain the circumstances leading to the request: Detail the circumstances that prompted your request for review. For example, "I was a victim of bank fraud, leading to missed rent payments."
*. Specify the outcome of the initial LTB decision: Describe the outcome of the original LTB decision. For instance, "The LTB ordered an eviction due to missed rent payments."
*. What is the serious error you believe was made in the decision: Specify the serious error you believe was made in the decision. For example, "The LTB decision did not take into account the bank fraud incident affecting my ability to pay rent."
in this situation please list * examples of What is the serious error you believe was made in the decision
Sure, here are some examples of what you could mention as serious errors in the decision:
*. "The decision failed to consider the impact of bank fraud on my ability to pay rent."
*. "The decision overlooked the evidence of my prompt actions to resolve the banking issue."
*. "The decision did not take into account the severity of the banking issues experienced."
*. "The decision did not acknowledge my efforts to rectify the banking issues."
*. "The decision misinterpreted the influence of banking issues on my ability to pay rent."
*. "The decision was not based on a complete understanding of my banking issues."
*. "The decision did not recognize my actions to rectify the situation caused by the bank."
*. "The decision overlooked the significant banking problems I experienced."
*. "The decision did not recognize that the banking issues were beyond my control."
*. "The decision failed to consider that I was not at fault for the missed rent payments due to bank fraud."
*. "The decision failed to consider the impact of bank fraud on my ability to pay rent."
*. "The decision overlooked the evidence of my prompt actions to resolve the banking issue."
*. "The decision did not take into account the severity of the banking issues experienced."
*. "The decision did not acknowledge my efforts to rectify the banking issues."
*. "The decision misinterpreted the influence of banking issues on my ability to pay rent."
*. "The decision was not based on a complete understanding of my banking issues."
*. "The decision did not recognize my actions to rectify the situation caused by the bank."
*. "The decision overlooked the significant banking problems I experienced."
*. "The decision did not recognize that the banking issues were beyond my control."
*. "The decision failed to consider that I was not at fault for the missed rent payments due to bank fraud."
in this situation please list * examples of What is the serious error you believe was made in the decision
Sure, here are some examples of potential serious errors in the decision:
*. "The decision failed to consider the impact of the bank fraud on my ability to pay rent."
*. "The decision overlooked the evidence of my actions to resolve the issue with the bank."
*. "The decision didn't acknowledge the severity of the banking issues I experienced."
*. "The decision didn't recognize my efforts to rectify the banking issues."
*. "The decision misinterpreted the effects of the banking issues on my ability to pay rent."
*. "The decision was based on an incomplete understanding of my banking issues."
*. "The decision didn't recognize my actions to resolve the banking situation."
*. "The decision overlooked the substantial banking problems I encountered."
*. "The decision didn't take into account that the banking issues were beyond my control."
*. "The decision failed to recognize that I was not at fault for the missed rent payments due to the bank fraud."
*. "The decision failed to consider the impact of the bank fraud on my ability to pay rent."
*. "The decision overlooked the evidence of my actions to resolve the issue with the bank."
*. "The decision didn't acknowledge the severity of the banking issues I experienced."
*. "The decision didn't recognize my efforts to rectify the banking issues."
*. "The decision misinterpreted the effects of the banking issues on my ability to pay rent."
*. "The decision was based on an incomplete understanding of my banking issues."
*. "The decision didn't recognize my actions to resolve the banking situation."
*. "The decision overlooked the substantial banking problems I encountered."
*. "The decision didn't take into account that the banking issues were beyond my control."
*. "The decision failed to recognize that I was not at fault for the missed rent payments due to the bank fraud."