Law360 Canada ( December 7, 2023, 6:44 AM EST) -- Appeal by tenant of Landlord and Tenant Board (LTB) decision that he owed arrears of rent. He also raised potential issue of procedural fairness. The first hearing before the LTB went ahead in error. The tenant’s request to reschedule the hearing was granted. The landlord was notified but the information was not given to others. The landlord did not attend, and its application was dismissed as abandoned. The LTB member became aware of the prior order rescheduling the hearing and reversed the dismissal. The hearing was rescheduled and only the landlord attended. The LTB found that the tenant had vacated the unit, but owed arrears of rent. The tenant alleged that before moving forward with his appeal, he was permitted to await the decision in the judicial review regarding his eligibility to receive rent-geared-to-income (RGI) assistance. The tenant’s judicial review application regarding RGI was dismissed. The tenant suggested that he was entitled to the benefit of the error made at the first hearing, resulting in the application being dismissed. He submitted that the LTB member was functus officio and could not rescind the order made in error. He further submitted that he sought leave to appeal the Court’s decision in his application for judicial review and asked that the appeal await the Court of Appeal hearing....