Posts Tagged ‘Landlord and Tenant Board’

Two more significant “firsts” at the LTB

October 31st, 2014 by Celia Chandler

The Landlord and Tenant Board has just issued its first co‑op eviction decision resulting from a full Merits Hearing.   The case was heard on October 17, 2014.  We attended with witnesses on behalf of our Co‑op client; the Co‑op member also attended.    The arrears in this case were large and resulted from the revocation by the Co‑op of a subsidy.    LTB Member, Sylvia Watson, heard evidence from both sides and ruled in favour of the Co‑op.    Significantly,  Member Watson agreed with the Co‑op that Section 203.1 of the Residential Tenancies Act (RTA) prevents the LTB from deciding or reviewing decisions about the eligibility for or the amount of subsidy.  She also relied on section 94.9 of the RTA which says that the LTB  “shall not inquire into or make any determination as to whether the member’s membership and occupancy rights were properly terminated under section 171.8 of the Co-operative Corporations Act.”  These are both important sections of the Act for co‑ops and co‑op members to keep in mind in this new world for co‑op evictions.    As noted in the order, the Co‑op member intends to appeal this eviction decision to Divisional Court.  Stay tuned here for the final outcome.

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LTB co-op evictions – report on the first 10 orders

September 26th, 2014 by Celia Chandler

Since 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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Co-op Evictions: New LTB process begins June 1

May 30th, 2014 by Celia Chandler

As 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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Co-op housing eviction reform bill passes 2nd reading

May 22nd, 2013 by Celia Chandler

As PC MPP Peter Shurman noted at Queen’s Park on May 14, 2013, Bill 14, which will reform the evictions process for co-operative housing, took a whopping 15 hours and 36 minutes of debate time in the Ontario Legislative Assembly, but the bill has finally moved to the Legislative Assembly committee for fine‑tuning.   CHF representatives were there and I’m sure will continue to be there throughout to make sure that the sector’s goals are met.

We’re watching this Bill’s progress carefully so that we’re prepared to help our co‑op clients make the transition from one eviction system to another.

In the meantime, we’re working hard with our co‑op clients when they make difficult decisions to evict members who are not meeting the community standard of behaviour.  Our experience at the Landlord and Tenant Board (LTB) tells us that the same issues will apply when co‑ops are under their umbrella:  LTB decision‑makers must weigh issues of fairness and human rights in the same way that Superior Court justices do.   Removing someone’s housing is a decision no‑one ‑‑ from Co‑op Board members to landlords and to decision‑makers ‑‑ wants to make.  We applaud the careful attention that all of these groups must and do give.

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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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”