The Responsible Housing Provider — Who can appear at the Landlord and Tenant Board?

March 28th, 2013 by Celia Chandler

A recent decision of the Superior Court of Justice may have an impact on housing providers who use the services of property managers.

In The Law Society of Upper Canada v. Enzo Vincent Chiarelli, Mr. Justice Goldstein ruled that Chiarelli can no longer appear on behalf of his clients before the Ontario Landlord and Tenant Board (LTB) because he is not licensed under the Law Society Act to provide legal services.

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Non-profit law: ONN asked. Government listened

March 28th, 2013 by Brian Iler

Breaking news.

For some time now, Ontario Nonprofit Network has been highly critical of the as‑yet unproclaimed Ontario Not‑for‑profit Corporations Act. The Ontario Government hadn’t listened much.

Until now.

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The Responsible Housing Provider ‑‑ Proposed Amendment to the Residential Tenancies Act

March 27th, 2013 by Celia Chandler

The recently introduced bill related to co-op housing eviction reform included something new: an amendment to the Residential Tenancies Act that would allow the Landlord and Tenant Board to waive or defer application fees charged to low-income Ontario tenants.

This seems to have caught everyone off-guard including the PC housing critic who expresses his concern that while the filing fee is nominal, $45, this change could lead to an increase in tenant applications on an already over burdened system. Continue reading “The Responsible Housing Provider ‑‑ Proposed Amendment to the Residential Tenancies Act”

Offering Statements for Co-ops 101

March 22nd, 2013 by Iler Campbell

Brian recently presented a webinar offering statements for co-operatives to the CoopZone Legal Network. Offering statements can be a powerful tool for financing a project from the grassroots.  If you’re curious about how to go about raising money through an offering statement give Brian’s presentation a read (pdf) or give us a call.

UPDATE: CoopZone has made a transcript of this webinar avialble. Check it out (pdf). Also see a sample offering statement  here.

Co-op Eviction Reform back on the agenda at Queen’s Park

March 20th, 2013 by Celia Chandler

Last October’s prorogation of the legislature stalled the much‑anticipated co‑operative housing eviction reform bill.   Building on the momentum this issue had in the fall session, just a few short days after the new session began, Bill 14, the eviction reform bill, was given first reading (February 27, 2013).

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The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

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