Iler Campbell LLP

A New Consideration When Evicting for Illegal Activity

May 21st, 2020 by Karly Wilson

Due to the pandemic and the resulting lockdown, many individuals are spending more time at home. It’s unclear whether this has led to an increase in illegal activity or just an increase in witnesses, but either way our office is receiving more calls about how to handle illegal activity in a unit. As part of its response to the COVID‑19 pandemic, the LTB narrowed its scope for eviction orders and is hearing only those eviction applications that address urgent matters of health and safety or serious illegal activity. Housing providers looking to evict tenants or members who are causing serious problems may now be looking towards evicting on the grounds of illegal activity; but take heed, these are complicated and are always an uphill battle. Housing providers have to consider many factors before choosing this route, and often struggle to gather enough evidence.

New consequences of evictions for illegal activity

New changes to the Housing Services Act, which governs social housing in Ontario, came into effect in January of 2020 and further complicate evictions for illegal activity by raising the stakes even higher for tenants. A news release from the Ontario Ministry of Municipal Affairs and Housing boasted improvements to safety in community housing thanks to a new regulation. The brief states that the government is “sending a clear message that dangerous criminal activity is not welcome in community housing.” The changes allow community housing providers to turn away prospective tenants who have been previously evicted from community housing for illegal activities in the past five years. Continue reading “A New Consideration When Evicting for Illegal Activity”

Operations and governance issues for non-profit and co-operative housing providers during COVID-19

May 21st, 2020 by Iler Campbell

This is part of a series of webinars we’re running all May long. Check out the other events here!

We’ve just posted a recording of Claudia Pedrero and Karly Wilson’s webinar, “Operations and governance issues for non-profit and co-operative housing providers during COVID-19.” Check it out below.

Continue reading “Operations and governance issues for non-profit and co-operative housing providers during COVID-19”

Considerations for employers during COVID-19

May 13th, 2020 by Iler Campbell

This is part of a series of webinars we’re running all May long. Check out the other events here!

We’ve just posted a recording of Safia Lakhani’s webinar, “Considerations for employers during COVID-19.” Check it out below.

Continue reading “Considerations for employers during COVID-19”

The cost of lost amenities in COVID-19

May 11th, 2020 by Karly Wilson

A young couple is renting a one‑bedroom plus den unit in a building. They both work from home, and when looking for a new place they were concerned about the cost of renting a place large enough for them both to have a workspace. They chose this building because of its amenities: a gym, a party room, and a common workspace with couches, large tables and free internet access. One of the tenants was able to use the den in the building as a home office and the other used the common workspace in the building. However, with the onset of the global pandemic, all of the shared spaces in the building have been closed, forcing them both to work in the apartment.

Amenities like gyms, pools, business centres, and party rooms are used to induce tenants to move to certain buildings, and often pay higher rents. Now in the age of COVID‑19, tenants have yet to receive any rent relief and are unable to access common spaces that encouraged them to accept these higher costs.

What options do tenants have for relief? And what will that mean for landlords? Continue reading “The cost of lost amenities in COVID-19”

The right to refuse work: How does it work during a pandemic?

May 7th, 2020 by Safia Lakhani

Join Safia Lakhani on Wednesday May 13 for her webinar “Considerations for employers during COVID-19” where she will discuss the right to refuse work among other topics.

For those working during the pandemic ‑ and for those who will return to work in the coming weeks and months – the question of work refusals remains front of mind. Under the Occupational Health and Safety Act RSO 1990, c. O. 1 (Section 43), a worker in Ontario may refuse work where s/he has reason to believe that:

(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself [emphasis added];

(b.1) workplace violence is likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2).

Continue reading “The right to refuse work: How does it work during a pandemic?”