Posts Tagged ‘LTB’

The LTB has become slooooow. Is there relief on the horizon?

May 10th, 2019 by Celia Chandler

Many of our housing clients have been disappointed recently about the length of time it takes to conduct business at the Landlord and Tenant Board. Rest assured, we are doing our very best to push things along as quickly as we can. The LTB acknowledges the delay on its website:

Over past months, parties have experienced service delays at the Landlord and Tenant Board (LTB). The LTB continues to work with the government to improve its services. A number of experienced adjudicators have recently been reappointed and recruitment is under way to fill other adjudicator vacancies. On January 1, 2019, the LTB became part of the newly created Tribunals Ontario organization. A review will be conducted of all tribunals, including the LTB, to identify areas for improvement to make services more streamlined, cost-effective and efficient.

This is not new – the Toronto Star and the Globe and Mail both reported on the delay, and on the LTB admission of the problem, six months ago. We see no improvement since then.

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Landlord and Tenant Board panel aims to define legal relationships between indirect housing providers, landlords and tenants

January 27th, 2015 by Celia Chandler

Thousands of Ontarians live in affordable housing units provided to them by non-profit organizations but which are owned by private sector landlords. The nature of the legal relationship between these three parties is unsettled: a few cases have addressed it but there has been no consistency in the decisions.  In large measure, the parties have worked around the lack of clarity in the law without the assistance of the Landlord and Tenant Board (the LTB).  The nature of the relationship, however, has come to a head in a couple of cases now before the LTB, both involving Toronto based providers of supportive housing to tenants with mental health disabilities.

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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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First Decision of the LTB related under Eviction Law Reform

July 9th, 2014 by Celia Chandler

On 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.

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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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