What Will Stage 3 Mean for Landlords seeking Eviction?

On July 30, 2020, the Landlord and Tenant Board (LTB) announced it is gradually expanding services in August. However, all in-person service counters remain closed until further notice.

Effective August 1, 2020, the LTB will begin to issue eviction orders that are pending, start to issue consent eviction orders which are based on landlord and tenants settling their dispute through an agreement, continue to hear urgent eviction matters related to health and safety that are scheduled,
Start to schedule hearings for non-urgent evictions, and conduct non-urgent eviction hearings starting in mid-August and into the fall.

If you are a Landlord experiencing difficulties with your tenant act now by serving the appropriate notices (N4, N5, N6, N7 ) and filing your application for eviction at the Landlord and Tenant Board (L1, L2, L3, L4)

Moreover, As a result of the recent Bill 184 amendments to section 206 of the RTA, now landlords can rely on section 206 Agreement to Settle of being capable of enforcement, thus promoting more landlord’s to utilize this process, take the back-log out of the Board and have their matters resolved right away rather than wait for a hearing date months down the road.

Also, landlords entering into section 206 Agreements also cover the landlords’ obligation under the new amendment contained in section 83 of the Act. Specifically, the onus of proving that the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears during the pandemic https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-184.

If you would like additional information about the section 206 Agreement to Settle, and the Landlords’ new obligations under the Act to make an “attempt to negotiate an agreement” or any LTB process or procedure, contact Landlord Paralegal Lisa Barder for a free half-hour consultation at (289) 788-4113.

Hoarding Disorder and Fires

Toronto Councillor, Josh Matlow, recently announced plans to ask the Fire Chief to prepare a presentation on the transparency of fire inspections – but the issue is that the fire department is bound by legislation to handle all such information a certain way.

For $5 the freedom of information is available to anyone to access from the fire department – including landlords – and should one still not be satisfied upon realizing pertinent information has been blackened out – one still has a right to appeal. Once all those appeal avenues have been exhausted, one could then perhaps follow up with the councilor.

This has all suddenly come up as a hot-button issue because of the recent London fire that killed 79 people in a lower income building. The fear was/is that it could happen here, so politicians like Toronto’s Matlow are at least trying to highlight the issue with preemptive strikes. Those fires, however, had to do with combustible external panels, an issue not so far having been raised here.

What they really need to keep focused on to ensure the reduced possibilities of fires, is to clamp down on tenants with excessive amounts of clutter inside their units many of whom suffer from hoarding disorder a form of obsessive compulsive mental illness.

How quickly everyone seems to have forgotten the lessons supposedly learned from the 2003 Toronto Community Housing Corporation fire at 200 Wellesley St when 1200 residents were displaced and started in a unit occupied by a resident suffering from the disorder.

“Clear means of egress”

So what’s a landlord to do? Ensure a clear means of egress to each exit inside the unit at the cost of possibly lives? The problem is you have a number of variables that interchange here from human rights to mental health as landlords have a duty to accommodate to undo hardship. In the end, the Landlord and Tenant Board reluctantly issues eviction orders in these cases and not without first giving the tenant many opportunities to declutter.

What can be done?

Prior to issuing an eviction notice first take steps to accommodate the tenant by working with those afflicted residents to declutter their homes through contacting third-party agencies, such as mental health and social workers, including “Purgers” who help with the decluttering process. An entrepreneurial Hamilton businesswoman I met recently actually started a business to help hoarders declutter and purge so there seems to be a growing demand.

Transparency and access to freedom of information will not stop fires from occurring in residential complexes – preventative measures will.

“From my experience but for landlords, tenants, paralegals and third party agencies continuing to work together, we may well be on our way to a crisis, especially when you add the growing bed bug epidemic into the equation. Will we wait until another Wellesley Street happens again before we act? I sure hope not.

Lisa Barder

Canadian Family Courts may include Paralegals

 

It was just reported in the Toronto Star that both lawyers and paralegals may be allowed to represent clients embroiled in the family courts system.

While some argue it’s too complex for a paralegal’s scope, others however disagree, including this one.

Paralegals are already allowed to represent in certain criminal cases and so it’s certainly not a stretch to think paralegals could represent in family court by any means.

At any rate, former Ontario court Chief Justice, Annemarie Bonkalo, thinks we can. The former Chief Justice recommends that specialized, trained paralegals be allowed to provide family court representation through special licensing.

And she certainly knows it will be controversial, as currently paralegals are prohibited from doing so.

“There are few subjects that cause more controversy within the family justice community than the provision of legal services by paralegals,” Bonkalo states.

The public has until May 15 2017 to offer input as to their thoughts on this and for changes needing made to streamline our backed up family court system.

A decision by government on her recommendations is expected by fall. Stay tuned!

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Lisa Barder, Landlord Paralegal

Landlord Paralegal Lisa Barder

Are you a Landlord having difficulties collecting rent from your tenant or is your tenant committing an illegal act on your property?  Do you have questions about terminating a tenancy and eviction or are you dealing with a property standards violation. Contact Landlord Paralegal for free consultation with Lisa Barder @ (289) 788-4113.

Source: Landlord Paralegal