If a landlord gave a notice of termination in bad faith for landlord’s own use, purchaser’s own use, or for demolition, conversion, or major repairs, the board will now be able to order compensation for general damages to the former tenant in an amount not exceeding 12 months of rent at the last rate the former tenant paid the landlord.
Every landlord should attempt to negotiate terms of payment for rent arrears with their tenant. If possible, the offer of terms of payment should be made in writing. The offer should be disclosed and filed with the board as evidence in advance of the hearing.
On February 24, 2021, the LTB held a Stakeholder Webinar. At that time we were advised that a non-payment of rent application, an L1 or L9, should now take about six months from filing for a hearing to be scheduled.
“The following factors may be considered in deciding requests to extend or shorten any time requirement under the RTA or these Rules:
a. the length of the delay, and the reason for it;
b. any prejudice a party may experience;
c. whether any potential prejudice may be remedied;
d. whether the request is made in good faith; and
e. any other relevant factors.”
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.
Starting September 1, 2021, applications against a former tenant for non-payment of rent, non-payment of utilities, damages to the apartment, and for bad conduct of the tenant causing monetary losses can now be filed in the Landlord and Tenant Board.
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
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.
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
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.
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.
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
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
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.
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.
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
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.
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.
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.
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.
“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.”
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
Effective September 1, 2021, a tenant can sue a former landlord who gave a "bad faith" N12 notice or the equivalent, for up to 12 months of rent which they were paying as general damages. The tenant does not need to prove they suffered any out of pocket loss.
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.
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.
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.
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.
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.
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.
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.
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.