LTB ADJUDICATOR, MICK MCMASTER AND THE HEARING, ON JUNE 5TH

THE LANDLORD AND TENANT BOARD AND THE MEMBER, JAMES (JIM) MCMASTER, TRYING TO REVERSE, A RES JUDICATA DECISION, THAT HE HAD MADE ON JUNE 5TH, WHEN THE LANDLORD HAD SOUGHT, A SECOND ORDER FROM THE BOARD, ON A MATTER THAT WAS ALREADY HEARD AND A PREVIOUS ORDER ISSUED, ON THE SAME MATTER, ON MARCH 25TH.  ESSENTIALLY, IT WOULD HAVE RESULTED, IN A DUPLICATE ORDER.


On June 5th, the LTB Member, Jim McMaster, made a decision against the landlord, in a matter that was a res judicata decision. The corruption lies in the fact, that, after the member had dismissed the landlord's application for seeking an order, a second time and for the same thing. The Board and the Member, then continued to have the file opened, simply because they wanted to act corruptly in the matter and continue to help the landlord against the tenant, at the LTB. The tenant also had the assistance of duty counsel at the hearing and both the tenant and the duty counsel lawyer, which serve tenants at the LTB, knew that the matter was a res judicata case. At the hearing on June 5th, the member also agreed, but now wants to change his decision on the matter, by keeping the file opened, instead of closing it. Obviously, it is not going to happen, without the member also facing some serious legal consequences, over his questionable actions and for going against the law, in regards to that matter. According to LTB staff, the member has 30 days to make a decision, after hearing a case, but this member, has already made a decision on the matter at the hearing, since he threw the matter out at the preliminary stage and informed the landlord, to go and file another application, because he could not proceed on that one, as the matter was already addressed and a previous order had been issued. So this 30 days delay to close the file on the matter, do not apply in this case. Usually, when a matter is dismissed in a legal proceeding, it also means that the file is closed on the matter.


Staff, at the LTB also regularly provide legal advice, especially to landlords filing applications, at the Board. Not even at the courts, is that allowed. However, The Landlord and Tenant Board members, also have a way of ignoring the law and to create their own version of it, when it comes to hearing matters that are before the Board. This is where the tenant also has to now take steps to enforced their rights, when dealing with corruption at the LTB.