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WHAT SHOULD A LANDLORD DO IF THEIR TENANT IS NOT PAYING RENT DURING THE COVID-19 PANDEMIC?

WHAT SHOULD A LANDLORD DO IF THEIR TENANT IS NOT PAYING RENT DURING THE COVID-19 PANDEMIC?

LANDLORD TENANT BOARD
It is important that your application gets into the LTB queue as soon as possible as the queue for LTB hearings was already very backlogged before this Covid-19 situation began. Ideally, LTB applications should be processed in a month, but it was already taking 2 - 3 months to get a hearing date. Now, it will be much longer.
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Settlement Agreements at the Landlord Tenant Board Ontario (LTB)

Settlement Agreements at the Landlord Tenant Board Ontario (LTB)

LANDLORD TENANT BOARD
At the start of an LTB hearing session, the board member will highly recommend that the opposing parties volunteer to...
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You can now sue for up to $35,000.00 in the Ontario Small Claims Court

You can now sue for up to $35,000.00 in the Ontario Small Claims Court

SMALL CLAIMS COURT
The Ontario small claims court monetary jurisdiction is now $35,000.00. Each Plaintiff in the Toronto Small Claims Court, Brampton Small...
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How Does a Standard Pay-and-Stay Order Work?

How Does a Standard Pay-and-Stay Order Work?

LANDLORD TENANT BOARD
A tenant who has been contacted by the sheriff's office should not delay paying their debts as the sheriff will arrive, on an unknown, not-too-distant date.
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Which is the Proper Venue to File my Ontario Landlord and Tenant Dispute?

Which is the Proper Venue to File my Ontario Landlord and Tenant Dispute?

LANDLORD TENANT BOARD
The Residential Tenancies Act outlines which landlord and tenant disputes fall under the jurisdiction of the Landlord and Tenant Board...
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Guest Contributor: Should paralegals be allowed to practice in family court?

Guest Contributor: Should paralegals be allowed to practice in family court?

CONSUMER ADVOCACY
If you are involved in a family court case in Ontario and cannot afford a lawyer, should you have the option of hiring a paralegal? Justice Annemarie Bonkalo was tasked by the attorney general and the Law Society
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Do’s and don’ts of small claims court

Do’s and don’ts of small claims court

SMALL CLAIMS COURT
Is small claims court now too complicated for the average person to represent himself or herself? Many people’s only interaction with the civil courts in Ontario will be through small claims court.
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Proposed Changes to the Residential Tenancies Act

Proposed Changes to the Residential Tenancies Act

LANDLORD TENANT BOARD
The Ontario government is seeking written submissions until the June 30, 2016 on proposed changes to the Residential Tenancies Act. The RTA effects every residential landlord and tenant; particularly those who have evictions applications
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Paralegals able to help during court matters

Paralegals able to help during court matters

SMALL CLAIMS COURT
Individuals and businesses use the small claims court to sue for money owed for a wide variety of reasons where the amount owing is $25,000 or less. The court also has the power to order return of property not exceeding that value.
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Questions commonly posed to paralegals

Questions commonly posed to paralegals

SMALL CLAIMS COURT
The small claims court does not collect a judgment for you. You must take steps to collect. There are four methods available through the court. They are: writ of seizure and sale of lands, a writ of seizure and sale
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North York paralegal ‘excited’ services could expand to include family law

North York paralegal ‘excited’ services could expand to include family law

CONSUMER ADVOCACY
A North York based paralegal is ‘excited’ that his seven-year fight to have his profession be allowed to offer some family law services to clients is one step closer to fruition.
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GUEST COLUMN: Paralegals in family court

GUEST COLUMN: Paralegals in family court

CONSUMER ADVOCACY
It only took seven years of fighting with the Law Society of Upper Canada to get it to take the first steps towards allowing paralegals to offer some family law services.
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Paralegals in family law

Paralegals in family law

CONSUMER ADVOCACY
The former vice president of the Paralegal Society of Ontario says the Law Society of Ontario let down the public when it took on responsibility for regulating paralegals in the province only to ban them from practising in the area of family law.
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How to evict a tenant in Ontario has gotten harder.

How to evict a tenant in Ontario has gotten harder.

LANDLORD TENANT BOARD
Residential landlords have fewer rights in Ontario since the Wynne government passed the Rental Fairness Act last year. The changes have been coming in stages. Some of the changes include:
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How do I collect my Small Claims Court or Landlord and Tenant Board judgment?

How do I collect my Small Claims Court or Landlord and Tenant Board judgment?

SMALL CLAIMS COURT
First, does the debtor own a house, condo or any land in Ontario? If the answer is yes, you may choose to issue a Writ of Seizure and Sale of Lands, and file it with the sheriff in the jurisdiction where the debtor owns property.
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Will the new Standard Lease Form reduce Landlord Rights Ontario?

Will the new Standard Lease Form reduce Landlord Rights Ontario?

LANDLORD TENANT BOARD
The new 13 page Standard Lease Form is supposed to provide both landlord rights Ontario and provide tenants information about their rights and responsibilities. Reduce the illegal terms in leases and misunderstandings caused
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Be Prepared for the Unexpected Before the Small Claims Court

Be Prepared for the Unexpected Before the Small Claims Court

SMALL CLAIMS COURT
There are many types of witnesses. At one recent trial I had before the Toronto Small Claims Court I had the opposing paralegal seek to have a witness declared as “an expert.” In another case before the small claims court Ontario
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What does it take to win at a small claims court trial?

What does it take to win at a small claims court trial?

SMALL CLAIMS COURT
As someone who has represented at probably more than a thousand small claims trials at the Toronto Small Claims Court and other small claims court ontario, I can tell you preparation is the most important thing.
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How to evict a tenant in Ontario for “Own Use”

How to evict a tenant in Ontario for “Own Use”

LANDLORD TENANT BOARD
In Ontario, an N12 form is given to a tenant when the landlord or the landlord’s spouse or child requires the rental unit for their own full time residence for at least one year.
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Suing a Contractor is often Complicated

Suing a Contractor is often Complicated

SMALL CLAIMS COURT
It is that that time of the year when our paralegal office gets calls from home owners looking to sue contractors who have done work around their home. The small claims court Ontario deals with many of these types of cases.
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The Art of Cross-Examination for Small Claims Ontario and the Landlord Tenant Board Ontario

The Art of Cross-Examination for Small Claims Ontario and the Landlord Tenant Board Ontario

SMALL CLAIMS COURT
I have called cross-examination an art. Others call it a science. Either way to do it properly takes years of practice. After twenty-two years in business I am still learning new techniques.
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How can an Ontario paralegal help you?

How can an Ontario paralegal help you?

LANDLORD TENANT BOARD
At Civil Litigations we are experts at small claims court representation and landlord and tenant board representation. We choose to focus only on these areas of the law as we have since 1996.
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If hire a paralegal will I get the costs I pay to you awarded to me by the small claims court Ontario?

If hire a paralegal will I get the costs I pay to you awarded to me by the small claims court Ontario?

SMALL CLAIMS COURT
Costs are usually awarded to the successful party at a trial. Cost awards are in the discretion of the judge, and are subject to the Courts of Justice Act and the Small Claims Court Rules. The winning party at a trial who is represented by a paralegal
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How much does it cost to hire a paralegal to evict a tenant?

How much does it cost to hire a paralegal to evict a tenant?

LANDLORD TENANT BOARD
What is your legal reason to evict the tenant? A tenancy that is governed by the Ontario Residential Tenancies Act can only end if the tenant decides to vacate or the landlord has a legal reason to evict the tenant.
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Small Claims Court Ontario Motion to Set-Aside Default Judgment

Small Claims Court Ontario Motion to Set-Aside Default Judgment

SMALL CLAIMS COURT
The most common orders sought at a motion are: to set aside a default judgment, set aside noting in default, terminate enforcement action, file a defence, strike out a claim or defence that has no merit, to extend a deadline to do something, to file a Defendant’s Claim.
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Sample Letter to new Minister of Housing Steve Clark

Sample Letter to new Minister of Housing Steve Clark

LANDLORD TENANT BOARD
Another paralegal Ontario has posted a “sample letter” recommending that landlords who are unsatisfied with the Residential Tenancies Act and the landlord tenant board Ontario write to the new PC Minister of Housing, Steve Clark using his template.
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Eviction for Non-Payment of Rent

Eviction for Non-Payment of Rent

LANDLORD TENANT BOARD
Many landlords decide to represent themselves on a non-payment of rent applications at the Landlord Tenant Board Ontario (LTB) as they believe it is easy. A lot of the time it is easy. However, it can become incredibly complex.
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Do I need to proceed to trial if the Defence has no chance at success?

Do I need to proceed to trial if the Defence has no chance at success?

SMALL CLAIMS COURT
This motion is only to be used to strike out or dismiss a Plaintiff’s Claim, Defendant’s Claim or a Defence, where it is plain and obvious that the claim or defence has no chance at success at trial.
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What are your rights when a business makes false, misleading, deceptive or unconscionable representations to you?

What are your rights when a business makes false, misleading, deceptive or unconscionable representations to you?

SMALL CLAIMS COURT
Let’s examine the Consumer Protection Act, 2002. This Ontario law is often plead in either the Plaintiff’s Claim or Defence in small claims court Ontario.
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A Settlement Conference is the most important hearing in a small claims court action

A Settlement Conference is the most important hearing in a small claims court action

SMALL CLAIMS COURT
In my opinion the Settlement Conference is the most important hearing in a small claims court Ontario. This statement applies whether you settle or not.
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The Elusive Representation Fee at the Landlord Tenant Board Ontario

The Elusive Representation Fee at the Landlord Tenant Board Ontario

LANDLORD TENANT BOARD
If you are represented by a paralegal Ontario at the Landlord and Tenant Board, you could be awarded a representation under certain circumstances. This representation fee is capped at $100.00 per hour, and $700.00 for a whole proceeding.
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When to Use a Request to Review

When to Use a Request to Review

LANDLORD TENANT BOARD
“A review is not an appeal or an opportunity to change the way a case was presented. The purpose of the review process is not to provide parties with an opportunity of presenting a better or different case than they did at first instance.”
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What is the Limitation Period to sue in Small Claims Court?

What is the Limitation Period to sue in Small Claims Court?

SMALL CLAIMS COURT
Let’s focus on the Limitations Act, 2002. This act has many sections dealing with different types of claims from claims by minors and people who are not mentally competent to claims that have no limitation period
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Crisis at the Landlord and Tenant Board (LTB)

Crisis at the Landlord and Tenant Board (LTB)

LANDLORD TENANT BOARD
A new Landlord and Tenant Board procedure effective September 17, 2018 is to have board staff process applications in the order they were received, regardless whether they were delivered in person, by fax, by mail or courier.
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Eviction at the LTB for Landlord’s Own Use

Eviction at the LTB for Landlord’s Own Use

LANDLORD TENANT BOARD
At a minimum a contributing factor is the Wynne Government’s Rental Fairness Act which eliminated the landlord’s right to substantially increase the rent at the end of a lease on condos and other properties built after 1991.
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COMMON LANDLORD AND TENANT MYTHS IN ONTARIO PART 1

COMMON LANDLORD AND TENANT MYTHS IN ONTARIO PART 1

LANDLORD TENANT BOARD
Myth: Tenants can be evicted at any time if the year. If the Residential Tenancies Act applies only the sheriff can evict and force a tenant out. The sheriff will not act until the landlord has obtained an eviction order from the Landlord and Tenant Board.
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Common Landlord and Tenant Ontario Myths Part 2

Common Landlord and Tenant Ontario Myths Part 2

LANDLORD TENANT BOARD
Myth: Section 108 of the Residential Tenancies Act prevents a landlord from demanding post-dated cheques or having such a clause in a lease. A tenant may voluntarily provide post-dated cheques to the landlord if it is for the tenant’s convenience.
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Eviction for interfering with the reasonable enjoyment or interfering with the landlord’s lawful rights?

Eviction for interfering with the reasonable enjoyment or interfering with the landlord’s lawful rights?

LANDLORD TENANT BOARD
Typically, an N5 form is served on the tenant for certain types of bad conduct issues. In the notice the landlord alleges the tenant is seriously and substantially interfering with the reasonable
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Eviction For Persistent Late Payment of Rent

Eviction For Persistent Late Payment of Rent

LANDLORD TENANT BOARD
The Landlord and Tenant Board sees lots of N8 Persistent Late Payment of Rent applications. Most self-represented landlords think they will get an eviction order as a result of this L2 application based on an N8. Chances are they will not.
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Common Landlord and Tenant Myths Part 3

Common Landlord and Tenant Myths Part 3

LANDLORD TENANT BOARD
Myth: A tenancy agreement in Ontario Canada can be written, oral, or implied. Landlord and Tenant statutory rights and obligations under the Ontario Residential Tenancies Act are the same regardless of the form of the agreement.
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Why you should hire an Ontario Paralegal?

Why you should hire an Ontario Paralegal?

LANDLORD TENANT BOARD
In most cases paralegals charge less then lawyers for the same work. In some cases senior paralegals – who been doing this work for more than twenty years, have rates competitive with a junior lawyer who is still learning.
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Why hire an Ontario Paralegal for a Judgment Debtor Examination to Collect a Small Claims Court Judgment?

Why hire an Ontario Paralegal for a Judgment Debtor Examination to Collect a Small Claims Court Judgment?

SMALL CLAIMS COURT
A judgment debtor examination is often a judgment enforcement method of last resort. There are usually better ways to collect a small claims court judgment if you have information about the assets of the debtor.
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Is the LTB too complicated for landlords to self-represent?

Is the LTB too complicated for landlords to self-represent?

LANDLORD TENANT BOARD
Too many small to medium sized landlords learn the hard way that you need to know a lot to bring an eviction application to the Landlord and Tenant Board. The Ontario Residential Tenancies Act, Notices of Termination, and case law are not easy to understand.
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Common Landlord and Tenant Myths in Ontario – Part 4

Common Landlord and Tenant Myths in Ontario – Part 4

LANDLORD TENANT BOARD
I wasn’t expecting to be doing another blog on Common Landlord and Tenant Myths so soon. The following are myths I have had to debunk when asked by clients or prospective clients in past few weeks.
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Are you an Ontario Landlord defending an Application Concerning Tenant’s Rights also known as a T2 Application?

Are you an Ontario Landlord defending an Application Concerning Tenant’s Rights also known as a T2 Application?

LANDLORD TENANT BOARD
If the tenant does not receive 100% of what they bargained for in renting their apartment, a tenant (current or former) can file a T2 application against their Ontario residential landlord claiming money damages up to $25,000.00, as well as other remedies.
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