charter court

Update on status of LTB hearings

Friday, July 17, 2020

Relaying information from the Executive Chair of Tribunals Ontario, Joe Hoffer, Partner at Cohen Highley LLP Lawyers, said landlords should expect LTB hearings to resume in September once the backlog of pending eviction orders has cleared.

“Since the lifting of the Emergency Order will, in any event, be effective July 31, it means that enforcement of pending eviction orders—those obtained before March 17— will begin August 4, 2020,” he wrote in a recent bulletin. “At that time you may ask the Sheriff to enforce those orders currently in the queue, of which there are about 2,400 in the province right now.”

Additionally, Hoffer confirmed that Tribunals Ontario is expecting a surge in new applications after the Emergency Order is lifted and plans to have a full complement of adjudicators at the ready in September to handle the demand.

“We are advised they will be using Microsoft Teams for the hearings and mediations because of the break-out feature on that platform and there will be an emphasis going forward on video hearings rather than via phone,” he said. “There is a video-conference pilot project scheduled to begin in August (not sure exactly what that entails), but stay tuned.”

As Bill 184 nears the end of the legislative process, tenant groups have been extremely vocal in their opposition to the law, expressing concerns that it will make evictions easier for landlords while putting vulnerable tenants impacted by COVID-19 in jeopardy.

But according to Hoffer, this isn’t necessarily the case. “Currently, if you mediate a settlement, the settlement usually includes a s. 78 clause which allows a landlord to file a motion for an eviction and arrears order if the tenant fails to pay,” he said. “Under Bill 184, instead of waiting for hours for a mediator (followed by months’ long adjournments because the mediator was unable to get to your file) you will be able to work out a settlement with the tenant and include a s. 78 clause in the settlement. The file will then be shelved by the Board the same way a mediated settlement is.

Hoffer maintains that everything else about s.78 clauses remains the same, including the right of a tenant to move to “set aside” an Order when the tenant breaches the settlement.

“We often have recommended against mediation because professional tenants know they can use it as an interim step to further drag out proceedings (the set aside motion and hearing process can take months) and the same will hold true for settlements under Bill 184,” he said. “Bottom line, not much will change when Bill 184 becomes law but you might get your hearing day over with more quickly if you enter into settlement agreements.

Tribunals Ontario will be updating the settlement forms on the website soon to facilitate early resolution options (which is now being emphasized) and to align with the proposed changes to allow landlord/tenant settlements under Bill 184.

 

5 thoughts on “Update on status of LTB hearings

  1. Situation here in Sault Ste Marie… our tenant who is always late on rent refuses to pay for five months( march1st) now and will not communicate with us and I believe the household is getting big payments in CERB as there are 5 adults living in Rental semi .There is no way of finding out if they are getting all this assistance as it is confidential …in the meantime they pay zero rent and said Doug Ford said we don’t have to pay rent when they can actually afford it. They are on a rent strike and refuses to pay their rent for months totalling $6,500 ..the police can’t do anything about it …We filed a N4 #19164629 and ask each month to pay any portion of their rent and she doesn’t answer our text or phone calls. We are struggling with taxes, insurance and loan on this rental. Will there be any help for landlords dealing with Rent Strikers?

    • We have not been paid for close to a year now, I wonder why would they when the system is encouraging and enabling the professional tenants to live rent free. Total collapse of justice.

  2. Here is the otherside of the coin. Renter here, paid ALL rent before and during COVID. Landlord has attempted to raise rent 22% in May, ofcourse I did not pay but be aise I didn’t he has refused to maintain the AC… so thise hot days are hot. I am currently filing at LT. We are glad we paid the rent but we didnt get much for supporting him during this tough time.

  3. My Tenant has not paid any rent or utilities for the last 19 (nineteen) months. His lease dictates that he should pay the utilities but always gets by the hearing either on technical errors or sympathies since he is suffering from Cancer.
    He knows how to play the game at the legal systems. I have been paying all his expenses and my loans and with the Covid 19 hmy last hearing to evict him was cancelled in early April. I feel that this govt protects bad tenants who are too smart to use them. Landlord are treated as money hungry abuser at the hearing at least this is how I was always treated and I only have one rental property and not a rich landlord. I hope govt can come up with a better system to distinguish between a bad and good tenant.

  4. I am a landlord and I am in the same boat. I feel the system is too protective for bad renters.
    My tenants have not paid me for the last 9 months and owe me $11,250. They literally have destroyed my house. I feel hostage in their hands. They have parked trailer at my property without my permission and rented it to someone else. They also have parked nine vehicles where as lease allows them only 2 vehicles. I cannot do anything. I have talked to LTB and they tell me issue this notice or issue that notice, what a joke. Renters don’t care. They swear at me, they insult me. I cannot do anything. Believe it or not I have spent close to $25,000 in repairing the house. I cannot evict them. I have been waiting for the hearing since end of June, 2020.

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