Earlier this year, we considered the Ontario Superior Court’s decision on the landmark Charter application regarding housing rights in Tanudjaja et al. v. the Attorney General (Canada) (“Tanudjaja”). The applicants, four individuals in precarious housing situations, requested the Superior Court make a declaration that the federal and provincial governments had violated their rights under the Charter of Rights and Freedoms: specifically, the right to life, liberty and security (Section 7), and the right to the equal protection and equal benefit from the law (Section 15), by failing to implement a national and provincial housing strategy.
Housing
More news from the LTB on co-op evictions
December 3rd, 2014 by Celia ChandlerWe are now aware of 26 co‑op eviction decisions released by the LTB. Of those, we know that 17 settled at the Case Management Hearing stage. Case Management Hearings are conducted primarily in person, but also by telephone on occasion. Our experience at Case Management Hearings has been a positive one – the parties have come prepared to agree to repayment terms with an understanding of the consequences to co‑op members who default. Unfortunately, across the province the LTB has reported that two of the settlements have failed; in those cases, co‑op members who have agreed to settlements did not fulfil their terms and have been evicted as a result. But as far as we know the remaining 15 settlements are in place and working to keep co-op members back on track with payments.
Continue reading “More news from the LTB on co-op evictions”
LTB co-op evictions – report on the first 10 orders
September 26th, 2014 by Celia ChandlerSince June 1, 2014, the Landlord and Tenant Board has handled co‑op evictions in Ontario. So, I’m sure you’ll all wondering, how has it gone? We were wondering too, so we reviewed the first ten orders that have been issued by the LTB and published on CanLII, Canada’s free on‑line database of legal decisions.
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The Responsible Housing Provider – lessons from court
July 21st, 2014 by Celia ChandlerWe are often called on to give advice about neighbours who behave towards each other in ways that are less than constructive. In previous blogs, we’ve referred to these neighbours as “the unco‑operative co‑oper”. But of course, unneighbourly behaviour goes way beyond the walls of housing co‑ops. Landlords, condo boards, and boards of co‑ownerships are also routinely called upon to monitor behaviour that does not conform to the community standard. Relationships that began cordially enough sometimes become tense over a simple misunderstanding and then left unchecked, tensions blossom into full disputes.
What should housing providers do? Continue reading “The Responsible Housing Provider – lessons from court”
First Decision of the LTB related under Eviction Law Reform
July 9th, 2014 by Celia ChandlerOn July 3, 2014, a Hearing Officer with the Landlord and Tenant issued what we believe to be the first order of the LTB under the new co‑op eviction system – the file number is TNC‑00001‑14.
Continue reading “First Decision of the LTB related under Eviction Law Reform”
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