Blog

civilparalegal

May 7, 2022

The Lawyer's Daily Friday, May 06, 2022 @ 12:47 PM | By Amanda Jerome A motion requesting the Law Society of...

YARMUS: Should the Law Society of Ontario be dissolved for not acting in the public interest?

civilparalegal

May 2, 2022

Unlike the government of Ontario which is accountable to the public at each election, the Law Society is not publicly...

What Major Changes to the Residential Tenancies Act were made under Bill 184?

civilparalegal

September 22, 2021

Bill 184 (Protecting Tenants and Strengthening Community Housing Act, 2020) was passed by the Ontario Legislature on July 21, 2020....

What Changes were made to the Residential Tenancies Act Effective September 1, 2021?

civilparalegal

September 3, 2021

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.

Have You Offered a Payment Plan to your Tenant?

civilparalegal

June 27, 2021

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.

When Should You Serve a Notice of Termination on your Tenant?

civilparalegal

May 1, 2021

Every application to the Ontario Landlord and Tenant Board seeking to evict a tenant must start by serving the tenant...

How long does it currently take to get a hearing scheduled at the Landlord and Tenant Board?

civilparalegal

March 11, 2021

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.

When Should you Request to Expedite a Hearing?

civilparalegal

March 2, 2021

“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.”

A Case Management Hearing can be the Most Important Hearing

civilparalegal

July 17, 2020

A Case Management Hearing at the Landlord and Tenant Board can be the most important hearing whether the case settles...

Is there a requirement to offer a payment plan during Covid-19?

civilparalegal

April 2, 2020

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.

Should You Settle At A Landlord Tenant Board Hearing?

civilparalegal

January 20, 2020

At the start of an LTB hearing session, the board member will highly recommend that the opposing parties volunteer to...

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

civilparalegal

January 8, 2020

The Ontario small claims court monetary jurisdiction is now $35,000.00. Each Plaintiff in the Toronto Small Claims Court, Brampton Small...

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

civilparalegal

December 12, 2019

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.

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

civilparalegal

July 15, 2019

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

Do’s and don’ts of small claims court

civilparalegal

July 15, 2019

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.

Paralegals able to help during court matters

civilparalegal

July 15, 2019

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.

Questions commonly posed to paralegals

civilparalegal

July 15, 2019

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

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

civilparalegal

July 15, 2019

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.

GUEST COLUMN: Paralegals in family court

civilparalegal

July 15, 2019

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.

Paralegals in family law

civilparalegal

July 15, 2019

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.

Evicting a tenant in Ontario has gotten harder

civilparalegal

July 15, 2019

Residential landlords have fewer rights in Ontario since the 2018 Rental Fairness Act passed, making changes to the Residential Tenancies Act.

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

civilparalegal

July 15, 2019

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.

Will the new Standard Lease Form Protect Landlord Rights In Ontario?

civilparalegal

July 15, 2019

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

Be Prepared for the Unexpected Before the Small Claims Court

civilparalegal

July 15, 2019

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

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

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

Suing a Contractor is often Complicated

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

How can an Ontario paralegal help you?

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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

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

civilparalegal

July 15, 2019

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.

Small Claims Court Ontario Motion to Set-Aside Default Judgment

civilparalegal

July 15, 2019

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.

Eviction for Non-Payment of Rent

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

The Elusive Representation Fee at the Landlord Tenant Board Ontario

civilparalegal

July 15, 2019

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.

When to Use a Request to Review

civilparalegal

July 15, 2019

“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.”

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

civilparalegal

July 15, 2019

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

Eviction at the LTB for Landlord’s Own Use

civilparalegal

July 15, 2019

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.

COMMON LANDLORD AND TENANT MYTHS IN ONTARIO PART 1

civilparalegal

July 15, 2019

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.

Common Landlord and Tenant Ontario Myths Part 2

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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

Eviction For Persistent Late Payment of Rent

civilparalegal

July 15, 2019

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.

Common Landlord and Tenant Myths Part 3

civilparalegal

July 15, 2019

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.

Why you should hire an Ontario Paralegal?

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 15, 2019

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.

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

civilparalegal

July 3, 2019

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.

Common Landlord and Tenant Myths in Ontario – Part 4

civilparalegal

July 3, 2019

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.

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