A quick update to our post from Friday: Forms and information about the new co-op eviction process are now up on the Landlord and Tenant Board website. As always, we’re here to help should you make the difficult decision to evict one of your members.
Housing
Co-op Evictions: New LTB process documents now available
June 2nd, 2014 by Iler CampbellCo-op Evictions: New LTB process begins June 1
May 30th, 2014 by Celia ChandlerAs many of you know, today marks the last day to file an application in Superior Court to evict members from housing co‑operatives. Starting June 1st, co-op evictions will be handled by the Landlord and Tenant Board. This is the end of a long relationship we have had with many housing co‑operatives in the GTA and beyond helping them make difficult eviction decisions and then process those through the court system. It has been our pleasure to work with you on these.
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Does the right to housing belong in Canada’s Charter of Rights and Freedoms?
May 29th, 2014 by Shelina AliThis week, the Ontario Court of Appeal is hearing an appeal of the 2013 court decision in Tanudjaja et. al. v. Attorney General (Canada) et al. dismissing an application — of four individuals who identified as homeless, together with the Centre for Equality Rights in Accommodation (the Applicants) — concerning the right to housing. The application in Tanudjaja asked the Ontario Superior Court of Justice to, among other things, make a declaration that the Government of Canada’s and the Government of Ontario’s failure to implement a national and provincial housing strategy violates the federal and provincial government’s obligations under sections 7 and 15(1) of the Charter of Rights and Freedoms (the Charter). By seeking this declaration, the application put the issue of whether social and economic rights are embodied in the Charter squarely in front of the court.
Iler Campbell at Golden Horseshoe Winter Workshop
February 5th, 2014 by Lauren BlumasThe Golden Horseshoe Co‑operative Housing Federation hosted its annual housing Winter Workshop conference on January 25, 2014. Despite the weather, the turnout was impressive. The workshops covered a range of practical topics including re‑financing, member participation, arrears, the duty to accommodate (presented by Iler Campbell) and the legal implications of hoarding (presented by Iler Campbell).
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Buried Alive: The Human Rights Implications of Compulsive Hoarding in the Landlord-Tenant Context
January 27th, 2014 by Iler CampbellLauren Blumas, our articling student, has an article in the current issue of the Canadian Journal of Poverty Law. Read her article here (pdf).
The Responsible Housing Provider — Trespass Authorization: A Possible Tool for Housing Providers
December 6th, 2013 by Lauren BlumasHousing providers which have had difficulty controlling bad behaviour of non-occupants on their property (ie. loitering or criminal activity) may want to consider signing a Trespass to Property Authorization form with their local Police Services Division. The form provides authorization to police to remove or arrest anyone that does not live and is improperly on the premises. Essentially, the form enables police to act as an agent for housing providers in enforcing the Trespass to Property Act. Once signed, officers may include the housing provider’s property on their patrol route, moving along non-occupant trespassers on their own initiative.
The particular rules governing the authorization vary from division to division however they are always revocable. This means the authorization can be in place for a short period of time where an increased police presence is necessary.
For many housing providers, this type of police authorization will not be desirable in addressing anti-social behaviour. On the other hand, particularly for those providers struggling to curb criminal activity on the premises, the authorization may be a helpful tool alongside eviction procedures against occupants enabling or engaging in the bad behaviour. In either case increased police presence may be perceived as intrusive by the occupants and the interests of the community at large must be carefully weighed prior to signing the authorization.
If you are interested in obtaining a form, make the request to your local police services division.
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