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Assignment 2 - Landlord and Tenant- Maja Petrovic

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The video interview of a Landlord who is in rental arrears of 43,000 dollars; Trying for 2 years to evict a tenant. The host is Kayla Andrade the President of OLW.

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Windsor woman seeks help from Landlord Tenant Board to evict 'nightmare' neighbors

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Windsor woman seeks help from Landlord Tenant Board to evict 'nightmare' neighbors

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Video about a small landlord who mentally suffered from the drug-addict tenant because of Ban of Evictions, actually completely closure of LTB. There were maybe 10-20 hearings during the 5 months closure.

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Landlord of shame campaign house struggles to evict tenant. CTV's Windsor's Rich Garton reports.

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Famous Lizz Woosay, who has put the billboard on her property disclosing the name of the tenant who owns her rent for 13 months period.

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Liz Woosey claims she hasn't received rent from a tenant in more than a year. Since she says he won't pay or leave, Woosey took matters into her own hands. Could it land her in some hot water?
Jessica Nyznik has the answer.

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Peterborough landlord takes unusual approach, erects sign, following unpaid rent | Watch News Videos Online

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Liz Woosey claims she hasn't received rent from a tenant in more than a year. Since she says he won't pay or leave, Woosey took matters into her own hands. Could it land her in some hot water? Jessica Nyznik has the answer.

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This is the website where can be tracked status of evictions. It Is posted by Antifa organization "Keep Your Rent".

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This map displays buildings where there have been eviction notices issued by landlords, applications for LTB hearings filed, and eviction orders issued during the COVID pandemic. Use the legend in the top right corner of the map to filter different cases. See our tracker for information about the number of tenants facing eviction in a particular building.

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This map displays buildings where there have been eviction notices issued by landlords, applications for LTB hearings filed, and eviction orders issued during the COVID pandemic. Use the legend in the top right corner of the map to filter different cases. See our tracker for information about the number of tenants facing eviction in a particular building.

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Article: Landlord and Tenant Board mismanagement may cause housing crisis

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Article: Landlord and Tenant Board mismanagement may cause housing crisis

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Nonfunctional LTB, handling online hearings without providing tools to low-income tenants to attend those hearings.  Have to click "open in new window" to be able to see the article.

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Legal aid lawyers from across Ontario claim that the provincial government's mismanagement of the Landlord and Tenant Board could cause a COVID-19 housing crisis, as the board rushes to clear a huge backlog of cases using remote technology that many low-income tenants cannot access.

For some, the end result is eviction and homelessness amid a pandemic, Tracy Heffernan, director of the provincial tenant duty counsel program at the Toronto-based Advocacy Centre for Tenants Ontario (ACTO) said in a Nov. 18 news conference. The event brought together tenant duty counsel from community legal clinics across the province, including Ottawa, Hamilton, Mississauga, Stratford, Peterborough, Sudbury and Thunder Bay. ACTO is a specialty legal clinic funded by Legal Aid Ontario.

Tracy Heffernan, Advocacy Centre for Tenants Ontario (ACTO)

"Since the lifting of the moratorium on evictions in Ontario at the beginning of August, the board has focused on scheduling as many hearings as possible, to the exclusion of all other considerations," said Heffernan.

"Despite being advised of these very serious accesses to justice issues," she added, "the Landlord and Tenant Board has failed, apart from a few administrative details, to address any of these issues. If anything, the board has indicated their complete and utter lack of concern."

The government should impose another moratorium on evictions until the Landlord and Tenant Board (LTB) can improve its remote hearing process, said Heffernan. Tribunals Ontario, which manages 14 of the province's adjudicative tribunals, including the Landlord and Tenant Board, could learn a lot from the way Ontario courts developed virtual hearings, she noted.

"They've put resources into the process, as opposed to what the Landlord and Tenant Board has done, which feels really like a slap-dash solution," she said. "I think really the Landlord and Tenant Board would have to rethink how they are operating these hearings, how they are scheduling them, how they can ensure that low-income tenants have access to justice and to legal advice, because without those what we are going to see are mass evictions across Ontario where people have really had no access to any kind of legal process."

Jamie Hildebrand, executive director and staff lawyer with Huron Perth Community Legal Clinic in Stratford, told the story of a local man with a history of homelessness and mental health issues who was facing eviction. Without a landline or a cell phone, he was forced to call into the hearing from an outdoor payphone, he recalled. Expecting to be evicted, he refused the tenant duty counsel's help and asked if he could just go to jail.

"As the landlord testified, the tenant spoke up to comment," recounted Hildebrand. "He was told to be quiet, his turn would be coming. This happened a number of times. He was getting more and more agitated. He didn't seem to understand the process. He was very nervous.

"He said it was raining, it was starting to rain hard," he added. "He was cold. And I realized the odd noise I could hear during the hearing was him shivering through most of this process. After 15 or 20 minutes, the tenant cried out, 'I'm freezing, it's raining, I can't do this,' and he hung up."

At the very least, said Hildebrand, tenants need access to technology and accommodations for any physical, mental health or language challenges. "Without that, our system is failing," he told the news conference. "It's evicting low-income tenants into homelessness in the middle of a pandemic crisis."

Tenant duty counsel at the news conference said that at least one LTB adjudicator admitted during a hearing that "we're doing a blitz," and said they believe that the board is under pressure to clear cases, in part, because of an impending report by Ontario Ombudsman Paul Dubé into serious delays with the Landlord and Tenant Board.

Kenneth Hale, Advocacy Centre for Tenants Ontario (ACTO)

Kenneth Hale, director of advocacy and legal services with ACTO, said the backlog was made worse because the government of Premier Doug Ford took too long to fill numerous adjudicator vacancies at the LTB after it was elected in 2018. It has rushed in recent months to fill the vacancies, but most are for only one year, instead of the two-year, three-year and five-year appointment and reappointment process set out in the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

"Now they've changed the rules to say up to two years and they're appointing these people for one year or less, which we believe has a real potential to compromise their independence," said Hale. "Because if the goal isn't just to do a good job and write good decisions, but the goal is how many can you process in a day ... it really raises a concern about the quality of justice."

To make matters worse, he said, the Ford government disbanded the Landlord and Tenant Board's stakeholder advisory committee, which provided a forum to address issues. In addition, in July it passed the Protecting Tenants and Strengthening Community Housing Act, which many tenants' advocates say actually weakens tenants' rights. Among other things, it eliminated the LTB's mediation process for rental arrears in favour of direct payment agreements negotiated between tenants and landlords. Tenants who don't fulfil the agreements are subject to ex-parte evictions.

"The issue there," Hale told The Lawyer's Daily, "continues to be the imbalance of power between the landlord and the tenant, and having a mediator, having duty counsel available somewhat offset that in the past. But that's gone now, and they're making it really hard for us to provide duty counsel service and they've eliminated the mediators at the rent arrears hearings."

Encouraging settlements makes sense when the LTB is faced with a huge backlog, said Hale. "But when those settlements are going to turn out to be one-sided," he added, "and they're going to turn out to be people losing their homes and they're going to turn out to be contributing potentially to the spread of a pandemic virus, it just is very bad social policy."

In an e-mailed statement, spokesperson Janet Deline said Tribunals Ontario is committed to ensuring that the Landlord and Tenant Board's dispute resolution services are accessible and meet the standards of procedural fairness.

Amid the pandemic, she added, "our intent is to pursue a digital-first strategy to meet the diverse needs of Ontarians and enhance the quality of our dispute resolution services. Hearings are being scheduled to be digital by default; requests for in-person hearings will be considered on a case by case basis to ensure access to justice for those who require accommodation under the Human Rights Code or to ensure procedural fairness."

Deline said that adjustments may be required as the Landlord and Tenant Board refines its processes and finalizes the transition to its digital-first approach.

She noted that recent service improvements include implementing a process to allow parties to file large submissions electronically, including last-minute evidence at a hearing with an adjudicator's approval, and enabling electronic communication with Ministry of the Attorney General enforcement to ensure the local sheriff's offices are promptly informed when an eviction order is stayed close to a scheduled enforcement date.

If you have any information, story ideas or news tips for The Lawyer's Daily please contact John Schofield at john.schofield@lexisnexis.ca or call 905-415-5891.

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Ontario lawyers claim Landlord and Tenant Board mismanagement may cause housing crisis - The Lawyer's Daily

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Legal aid lawyers from across Ontario claim that the provincial government's mismanagement of the Landlord and Tenant Board could cause a COVID-19 housing crisis, as the board rushes to clear a huge backlog of cases using remote technology that many low-income tenants cannot access.

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Explanation of Eviction Ban,  the summaries of LTB And Superior Court of Justice applications for lifting moratorium on evictions during the Covid period.

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What Does It Take to Evict a Tenant During the Covid19 Crisis?

At Present It Appears That Exceptions to the Moratorium on Residential Evictions May Be Granted By the Court Only As Warranted Due to Unlawful Conduct or Concerns Posing Significant Health and Safety Risks. An Order to Evict Must Be Obtained From the Landlord Tenant Board Is First Required.

A Helpful Guide For How to Determine Whether An Eviction Is Possible During the Covid19 Crisis

Shortly following the escalation of the Covid19 Crisis, an Order from the Chief Justice of the Superior Court was issued as a moratorium to suspend eviction of tenants whose tenancies are governed by the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, was implemented. The moratorium protects tenants subject to an existing, meaning previously issued, eviction Order as well as tenants who might otherwise have become subjected to an eviction process during the period of the moratorium, which currently remains unknown. Per the cases of Young v. CRC Self-Help, 2020 ONSC 1874 and Wilkinson v. Iyamu, 2020 ONSC 3890, it is stated that the moratorium was put into place for the benefit and protection of tenants as well as society in general so to enable tenants to shelter and comply with social distancing initiatives and thereby to lessen the exposure to other people that would occur during relocation efforts thus reducing the potential for spread of the coronavirus. As per the Order of the Chief Justice, an eviction may occur only by obtaining special permission granting an exception. Applying for an exception must be done via urgent Application to the Landlord Tenant Board seeking an Order to Evict followed by an urgent motion to the court seeking permission to enforce the Order to Evict. Specifically, the Order of the Chief Justice and the reasoning for the Order as per the cases of Wilkinson and Young state:

In another case, being the matter of Chalich v. Alhatam, 2020 ONSC 2569 the Divisional Court heard a motion seeking relief from the eviction moratorium. In the Chalich case an Order to Evict existed prior to the moratorium Order by the Chief Justice. Further, the purpose of the Order was to ensure that a tenant would vacate so to comply with contract terms involving a real estate sale requiring that vacant possession of the property be provided to the purchaser. In denying the relief, and thereby denying enforcement of the Order to Evict, the Divisional Court said:

Accordingly, it appears clear that the courts are indeed willing to provide relief from the eviction moratorium only in cases involving illegal conduct or posing safety or health risks and that the potential for significant financial harm is insufficient.

Requires an Order of Eviction

Furthermore, whereas an Application may be brought to the Superior Court via Rule 60.17 of the Rules of the Civil Procedure to seek leave to evict, an Order to Evict must first be obtained from the Landlord Tenant Board. As was explained succinctly by the Superior Court in the case of Rabczak v. Dunford, 2020 ONSC 3031, the Landlord Tenant Board holds exclusive jurisdiction, as per section 168(2), for all matters governed by the Residential Tenancies Act, 2006; and accordingly, an Order to Evict, for qualifiying tenancies, must be issued by the Landlord Tenant Board prior to an Application to the Superior Court for a lifting of the moratorium on enforcement of evictions. Essentially, the Superior Court stated that a lifting of the moratorium on enforcement of an eviction is available only where there is first an eviction to enforce. Specifically it was said in Rabczak that:

As explained, the Superior Court is only able to lift the moratorium to allow an eviction where there is first an Order to Evict. Without first obtaining an Order to Evict from the Landlord Tenant Board, seeking an Order to lift the moratorium against enforcement of an Order to Evict is premature.

Eviction Ordered

In the case of Neumann v. Anderson, 2020 ONSC 3518, an eviction with lifting of the moratorium was ordered. The case involved an eviction Order previously issued by the Landlord Tenant Board. The landlord, and spouse, were needing to move into the rental unit for 'own use' purposes. In granting the lifting of the moratorium, and thereby issuing an Order to allow enforcement of the eviction, the court noted that the landlord, and spouse, are front line workers within a hospital and are requiring a 'home' to enable social isolation. The court also noted that the tenant failed to provide any evidence that the risks to society would be greater or equal if the tenant were evicted.

In the case of Diaz v. Kubinec, 2020 ONSC 3706, the eviction moratorium was lifted when it was shown that the tenant, living in a basement apartment, was using marijuana within the residence wherein the heating and ventilation system was shared thoughout the house. The landlords, living upstairs, both suffer from respiratory illness and the tenancy had a prohibition against smoking within the residence. Despite the prohibition, the tenant engaged in smoking and the male landlord (husband) suffered a respiratory attack in April, was taken to hospital, and later died. The female landlord (now widowed wife) also suffers respiratory issues. In granting the lifting of the eviction moratorium, the court took into consideration the serious health effects to the landlord as well as the presence of oxygen tanks within the premises that presented a heightened safety.

In the case of Jing Yu Holdings Ltd v. Boudens, 2020 ONSC 4266, an eviction was permitted with the moratorium lifted where the tenants were found by the court as engaging in the unsafe keeping of python snakes. Additionally, threats and racial slurs were apparently uttered toward the landlord such as that a toxic and hostile environment was viewed as to present a potential safety risk.

Specifically, within the Neumann, Diaz, and Jing Yu, cases, where safety and health issues were addressed as the turning points significant enough to warrant lifting of the moratorium, the court said:

Accordingly, it does appear that where the court views that society is placed at greater risk by failing to grant a lifting of the moratorium, the moratorium should be lifted and an eviction should be allowed to proceed.

In another case being, Desgranges v. McCluskey, 2020 ONSC 3754, there was evidence indicating that the premises was used dangerously without social distancing, appeared that there was drug use upon the premises, and appeared that there was wilful damage to the premises, an eviction was ordered and the moratorium lifted so to allow enforcement of the eviction order. Specifically it was said:

Interestingly, per the Wilkinson case above wherein an eviction Order was provided by the Landlord Tenant Board and a conditional Order lifting of the moratorium was provided by the Superior Court, the landlord was directed, as a condition of the lifting of the moratorium, to report the threatening and harassing conduct of the tenant to a crisis centre so as to assist the tenant in obtaining support services as well as for the collateral benefit of society. In granting the conditional relief from the moratorium, the court specifically said:

Summary Comment

Recent cases as heard by the Divisional Court via urgent motion make it clear that the courts will grant relief from the eviction moratorium only in cases involving serious unlawful conduct or presenting significant health or safety risks. Even significant financial harm, such as the potential for litigation and losses arising from a breach of contract for failing to provide vacant possession to a buyer in a real estate deal is insufficient to outweigh the public interest in ensuring tenants may remain secure during the pandemic. Lastly, prior to seeking permission from the Court to grant relief from the eviction moratorium, and therefore allow enforcement of an Order to Evict, there must first be an Order to Evict. Obtaining an Order to Evict is the first step. Obtaining an Order to allow enforcement of the Order to Evict is the next step.

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Eviction During Covid19 Requires Illegal Conduct or Safety Hazards That Warrant Moratorium Exception

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Eviction During Covid19 Requires Illegal Conduct or Safety Hazards That Warrant Moratorium Exception. The availability of an exception to the moratorium on residential evictions is based very narrowly for only those cases involving unlawful conduct or serious health and safety risks.

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1st image - Standing Committee, Bill 184

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1st image - Standing Committee, Bill 184

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Me talking and listening what others have to say on Standing Committee regarding Bill 184, back in July this year

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3rd image - Facebook - tenant growing 4 plants of marihuana

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3rd image - Facebook - tenant growing 4 plants of marihuana

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There is image that landlord posted of 4 Marihuana plants, which are legally allowed to grow and The writing of tenant behind, threating to kill.

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The flayer about how to fight back eviction