tag:blogger.com,1999:blog-6703393754400182307.post7392119275359651224..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: Ontario Landlord and Tenant Board: Appeal OptionsMichael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger75125tag:blogger.com,1999:blog-6703393754400182307.post-89638598919766461392018-12-09T20:23:03.523-05:002018-12-09T20:23:03.523-05:00If you satisfy the adjudicator (hearing the Review...If you satisfy the adjudicator (hearing the Review) that there was an error etc., then the Order you are reviewing should be set aside and a new hearing then starts from scratch. Now, some adjudicators will not want to start from scratch, some want to limit the scope of the hearing, some won't entertain section 82, it all depends on who the adjudicator is. However, if you have successfully demonstrated an error or denial of the right to participate then the hearing should be a hearing de novo (new hearing).<br /><br />If you get a new hearing then you should indeed get a chance to pay the arrears (presuming this is a rent arrears case). If the arrears amounts are correct and you don't otherwise dispute much--and you have the cash--bring it and make it clear that you are prepared to pay right away. Having the cash in hand will normally short cut everything and the adjudicator will do what is necessary to let you pay and stay. That being said, I wouldn't pay until I was sure you get to stay. If the eviction is not removed then you might be inclined to keep the money to cover moving and first and last elsewhere.<br /><br />If I have guessed correctly as to what application you are facing I do expect that you would have a chance to pay and stay. Consider heading to the Board early that day to speak with duty counsel or even see if you can get in to a legal clinic before the hearing day. A lawyer or paralegal can guide you on process and tell you what to say for the particular adjudicator that you might face that day.<br /><br />Good luck.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-10157316754507905672018-12-09T20:22:53.022-05:002018-12-09T20:22:53.022-05:00Hi: There are a couple of ways you could be in th...Hi: There are a couple of ways you could be in the spot you're in so I have to guess a bit. I am going to presume you had a hearing for termination for non-payment of rent. That hearing resulted in you being Ordered to pay a certain amount by a certain date failing which the landlord could apply to the Sheriff to evict you. Instead of paying, you filed a Request to Review because you allege there was some kind of error in the Order. That error could be as simply as not having had notice of the hearing to some other kind of procedural or even substantive error. When you applied for a Review Hearing you will have filled out the Request to Review Form. When you submitted that form an adjudicator looked at what you had written and decided whether it "appeared" that there was merit to your Request to Review. Obviously, the adjudicator must have decided that "yes" there was apparent merit because a Stay was granted and a Review Hearing scheduled. Had you not been convincing the Review would have been denied (without a hearing) and you would never have gotten the Stay of Eviction.<br /><br />So, what will happen at the Review Hearing? The adjudicator hearing it will not necessarily be the same adjudicator who considers the Request to Review at the Intake stage. The adjudicator at the hearing will decide the process and how to proceed. The Board claims that there is a structure to Review hearings but in my experience they are all different depending on who the adjudicator is.<br /><br />In any event, at the Review Hearing you will be required, firstly, to prove that there is an error in the Order or an error in the process. That is the pre-condition. So, if the basis of your review is that you were denied the opportunity to participate in the first hearing you will need to be able to prove that. If you did not get the Notice of Hearing--be prepared to explain why. Perhaps, if you are near the Landlord and Tenant Board office--pop in and ask to look at the file and see if you can figure anything out from the file. Maybe the Notice of Hearing was mailed to the wrong address. Perhaps there is an error in the postal code. Perhaps mail on your street gets lost all the time (get statements from neighbours that this is true). Take a look at the Certificate of Service in the file to see how you were "served" with the Notice of Hearing. Recently the Board was requiring the landlord to serve these documents because of the rotating mail strikes. Perhaps the Certificate of Service will reveal something helpful to you.<br /><br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-83327361728407441902018-12-09T18:37:45.291-05:002018-12-09T18:37:45.291-05:00Hi. If we had a stay in our eviction, and our hear...Hi. If we had a stay in our eviction, and our hearing is coming up on the 12th. If our landlord is successful, in getting an eviction order against us, what can I expect to happen? Will the stay be lifted? Can we still pay the arrears owing and not be evicted? How fast will an eviction occur? What exactly is the process if an eviction order was previously granted and then you applied for a stay for a review of that decision, in the event that an eviction order is again granted against you? Erinhttps://www.blogger.com/profile/08650345405344201213noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-8275927401358096742017-02-24T10:10:00.541-05:002017-02-24T10:10:00.541-05:00I assume that your comment is not connected to the...I assume that your comment is not connected to the comment above it--instead of posing a new question you hit reply in Blogger---the problem with this software---readers--this question is not a continuation of the original question.<br /><br />Hi: I can't really comment about whether the LL can now try to evict people as I don't know what the case was about. If the RTA applies to the relationship then of course the landlord can use the authority under the RTA to try to evict tenants. Of course, just because the landlord tries does not mean the landlord will be successful.<br /><br />Will the Landlord appeal to the Divisional Court? That is unlikely as the expense is significant and most cases that landlord's have are not important enough to justify the expense of an appeal to the Divisional Court. Further, Divisional Court appeals are limited to questions of law alone meaning that the factual findings are not subject to review. If the decision in your case has broad implications for your landlord perhaps an appeal is forthcoming. You will receive a Notice of Appeal and Certificate Respecting Evidence within 30 days of the date of the decision. That starts the appeal process. If this happens you will likely need a lawyer as defending a Divisional Court appeal is rather difficult. If you have difficulty locating a lawyer please feel free to contact me at my office and I can perhaps assist you.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-39156892061126204882017-02-23T16:11:19.361-05:002017-02-23T16:11:19.361-05:00We have just rec'd a ruling from the board , w...We have just rec'd a ruling from the board , which we believe our LL will appeal to DC . The matter is a mess and complicated . Can you outline the process we as tenants must go through if the LL appeals to Dc . The situation contains several rulings and was reviewed by the Vice chair who now has ruled the Act applies .<br />can the LL now try to evict people .Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-54285184372361438132016-06-25T11:06:19.980-04:002016-06-25T11:06:19.980-04:00I'm not surprised that she would want to stay ...I'm not surprised that she would want to stay away from this landlord. I take it that she is moving out of her old unit this week and was intending to move into the new place. Certainly any expenses that she incurs above what she would have otherwise incurred are damages that she can claim. Make sure to document and maintain receipts. Objection to the new landlord's termination should also be voiced (in writing) and notice given that damages will be claimed. <br /><br />Good luck<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-32747251803115439872016-06-25T10:44:48.836-04:002016-06-25T10:44:48.836-04:00She will most likely end up having to find a new l...She will most likely end up having to find a new lease as she is expected to have moved from her current place by mid week. Aren't was negotiated, agreed upon, paid in full and then rejected not even a full week before the expected move in day. She suspects that the place will not be sold merely rented tk another group of tenants whom agreed to pay more after the agreement had been signed. She would not like to have any more dealings with these folks as they have shown their nature to be quite unfair. Rather she would rather sue them for damages. Moving is expensive.Anonymoushttps://www.blogger.com/profile/00196841473718277814noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-53820543298395253532016-06-25T10:26:34.495-04:002016-06-25T10:26:34.495-04:00Hi Stephen: The first question is what does your ...Hi Stephen: The first question is what does your girlfriend want to do? Does she want to take legal action to get possession of this rental unit? Or, can she find a new place, rent there, and perhaps sue the first landlord for damages? Your girlfriend has choices and I can confirm for you that a landlord terminating a tenancy in the way your describe is not legal. Your girlfriend should consider retaining a lawyer or paralegal to represent her and, depending on what kind of remedy she wants, ask that lawyer to write a demand letter to the landlord. When the landlord is informed of the kind of damages that your girlfriend could win you might see a willingness to grant access to the unit or alternatively a voluntary payment.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />Quinn Thiele Mineault Grodzki LLP<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-17528800358268438632016-06-24T23:17:45.294-04:002016-06-24T23:17:45.294-04:00Recently my girlfriend had signed a lease for a ne...Recently my girlfriend had signed a lease for a new rental in Ontario. No copy had been given to her even though she had requested it and paid her agreed upon rent in full. As of 4 days before her expected move in date the landlord decided the rent agreed upon was insufficient. My girlfriend was told that house they were renting was to be sold, she was given her money back and was advised new locks would be placed in the doors. What course of action should she proceed with?Anonymoushttps://www.blogger.com/profile/00196841473718277814noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-8145707464529816302016-05-09T13:30:04.314-04:002016-05-09T13:30:04.314-04:00Hi: I will only comment about process as I don...Hi: I will only comment about process as I don't know the facts of your case. Your worry about being evicted before a decision is released on whether to allow a review or not is perhaps unfounded. If you look at the Request to Review form you will note that there is an option to ask for a "stay" of the eviction Order. When you file your request to review it is normally considered on the same day that it is filed. This does not mean that the review is heard and determined--instead it means that an adjudicator will read your request to review and determine whether it appears that there is an error that the Board should consider. If it appears that there may be an error that same adjudicator will "allow" the review to proceed to a hearing and a Notice of Hearing will be issued. If you ask, at the same time for a "stay", the adjudicator that looks at your request will also likely issue you a "stay" to maintain the status quo pending the Review Hearing taking place. It is possible of course that a stay would be refused or that a review would be refused. My point though, is that you would learn this fairly quickly.<br /><br />The Appeal to the Divisional Court of course, results in an automatic stay of the eviction order--the stay takes affect upon "delivery" of the Notice of Appeal which by definition in the Rules of Civil Procedure is the service of the Notice of Appeal and Certificate Respecting Evidence and the filing of that same Notice of Appeal and Certificate Respecting Evidence.<br /><br />The appeal is to a three judge panel of the Divisional Court. I think it is like this because the Divisional Court sits in a panel for appeals. That being said, I couldn't point you to where it says that and rely entirely on my experience that there is always a panel of three and you are required by the Rules to file materials in sets of three for the panel.<br /><br />If you do intend to appeal to the Divisional Court that is indeed done at the Superior Court of Justice. Judges of the Superior Court are also Judges of the Divisional Court--they just "switch hats" (figuratively), when dealing with matters at the different levels of Court. To be certain about timing, fees, and what is needed, you may want to call the civil counter at your local Courthouse to confirm their hours and what they will expect of you in seeking an appeal. Note that on filing the Notice of Appeal and Certificate Respecting Evidence that you can ask the Divisional Court Registrar to issue a Certificate of Stay. This isn't always done but you may want the comfort of having that document at hand.<br /><br />Good luck to you.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-34997494359268309982016-05-09T12:07:08.794-04:002016-05-09T12:07:08.794-04:00Hi I have read the above and have decided to appea...Hi I have read the above and have decided to appeal to the Divisional Court. I believe I have no other recourse? The landlord's application was granted and my defense was dismissed. I would ask for a review, which permits me 30 days, but the eviction is to take place in 11 days. If I were to review and the review is granted on the 12th day I will have already been evicted. I believe that an appeal is to a single judge of the Divisional Court, and not a panel of judges, and an appeal would then be filed at the Superior Court Filing Office within my area? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-24776925836716538512016-05-08T09:03:36.653-04:002016-05-08T09:03:36.653-04:00I wish you could also post something about install...I wish you could also post something about installing video surveillance camera inside the house! I am living in an house with 5 other people (renting each room) and my landlord just installed it yesterday without letting any tenants know that it will be installed. It is placed inside the house close to the entrance and it was facing front door and now it is facing kitchen. They are moving the camera and I don't know if they are recording the voice as well. Is this legal? is there anything we could do as a tenant? what if the landlord refuse to uninstall it from the house?Lucyhttps://www.blogger.com/profile/14857177612770503408noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-34184514709115927322016-04-25T10:49:38.056-04:002016-04-25T10:49:38.056-04:00Hi: Please read through the article above the com...Hi: Please read through the article above the comments as it describes the two processes for reviewing and appealing orders. Note that there is a 30 day time limit for an appeal and/or review so it is important to work quickly on getting the needed documents together. It is possible to seek an extension of time but it is not automatic to get one.<br /><br />What you are describing goes to the heart of whether there was a fair hearing or not. In preparing a Request to Review you may wish to give specific examples of what happened during the hearing. It is best to back up these specific examples with a transcription of the hearing evidence. You do this by purchasing a copy of the Hearing recording (about $16.00). You can then either a court reporter to officially transcribe the proceedings (rather expensive), or you can try to type out the important sections yourself and make note of the time index on the recording so that the accuracy of what you type can be readily checked. Whether you had a fair hearing or not should be revealed on the hearing recording (that is one of the reasons that a recording is made). If you decide to appeal the decision to the Divisional Court you will most definitely need an official transcript of the hearing.<br /><br />Good luck to you.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-79042878976706395892016-04-25T09:42:27.548-04:002016-04-25T09:42:27.548-04:00I recently had a hearing at the Ontario Landlord/T...I recently had a hearing at the Ontario Landlord/Tenant Board. The judge presiding over the landlord review would not listen to my evidence. And let the landlord lawyer talk and did not let me reply. The judge gave the decision to the landlord. The landlord did not provide me with any evidence as he was supposed and lied in court and said that he gave it to me which he did not. I am therefore filing a complaint against the judge of that hearing on April 21, 2016 and would like to know how do I go about appealing the judges decision.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-51807647437425769402016-03-29T16:56:36.039-04:002016-03-29T16:56:36.039-04:00Hi: You have done the correct thing in hiring a l...Hi: You have done the correct thing in hiring a lawyer as an appeal in the Divisional Court does not move forward on its own. The motion being brought by your lawyer, if successful, will put the issue on the timing of lifting the stay before the Judge. The Judge could order the stay lifted immediately or give the tenant some time. How the Judge decides will depend on the arguments that your lawyer makes for you.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-85594863555327271162016-03-29T02:35:20.978-04:002016-03-29T02:35:20.978-04:00HiMichael,my tenant doesn't pay rent for 7 mon...HiMichael,my tenant doesn't pay rent for 7 months already, we had a hearing for non payment of rent on February and he did not show up he said he did not received the letter[notice of hearing]after a few days I received a court order and paid the sheriff for eviction after two weeks I emailed the sheriff for the eviction and said that the eviction will not take place until the stay is lifted and the order lifting the stay served at there office.The tenant made an appeal to the divisional court. I have a lawyer and she will bring a motion and quash the appeal. the court hearing is scheduled on may 11. after the hearing how long I have to wait for eviction. Thank you so muchAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-39860167854960053852016-03-14T07:38:33.708-04:002016-03-14T07:38:33.708-04:00Hi Wes: The issues being raised deal with whether...Hi Wes: The issues being raised deal with whether or not the Landlord and Tenant Board has jurisdiction to hear your case. The question of jurisdiction has nothing to do with whether your case has any merit. If the Landlord and Tenant Board determines that it does not have jurisdiction then your case and tenancy is not covered by the Residential Tenancies Act. That does not mean that you do not have a claim for assault and battery. Being assaulted is not legal and you have a right to sue for damages and if the police were satisfied, charges could be laid. What this means for you is that instead of proceeding at the Landlord and Tenant Board you will want to consider proceeding in the Small Claims Court. With a tenancy that is not covered by the RTA, and taking legal action against your landlord, you can expect that your tenancy is about to end. You should consider finding a different place to live as your relationship with the landlord is unlikely to get any better.<br /><br />With respect to the application before the Board-- it is unclear to me whether you've already had the hearing or whether it is going back to hearing. You should be prepared to deal with the question of whether the RTA applies or not. This means, no evidence relating to the assault will be heard. First the question of the RTA applying is heard and decided.<br /><br />It is the landlord's burden to prove that the RTA does not apply. Take a look at section 5(i) of the RTA. Read it closely to see if this applies or if the facts are such that it doesn't apply. You can find section 5(i) by Googling: "canlii residential tenancies act" It is a free search. Once you scroll down to section 5 click on the "5" that will take you to 97 citing references where section 5 has been considered in caselaw. You can read those cases and look for similar circumstances or interpretations of section 5(i) that help you. Be prepared to bring these to the attention of the adjudicator.<br /><br />A starting point, if I were representing you, is to look at the word "required" as it appears in section 5(i). Your description of the facts suggests that you are not "required" to share a kitchen or bath with the landlord or his son. That may be the angle to get RTA coverage--or at least it is the beginning of an argument.<br /><br />Good luck to you.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-28742943413177929902016-03-08T22:45:45.366-05:002016-03-08T22:45:45.366-05:00i currently rent a room in a rooming house my land...i currently rent a room in a rooming house my landlord has been extremely harrassing me i suffer from ptsd so this added stress isnt good one incident my landlord assulted me i called the police they said i live in a shared accomodation which i have a bar fridge in my room and a hot plate electric wok i share a washroom with one other tenant whike the landlord lives upstairs son lives in basement but sge knows i have no rights if she lyes and says i share the washroom with her son who actually uses the one upstairs but because the adjudicator today mentioned that there may be a discrepency with the law it might not be heard by the board so apperently by lying i have no legal rights and now the son will be using the washroom i use just because the cops and the adjudicator mentioned this the landlird is using that to her advantage how is this fair and how do i display in tribunal that the landlord is lying i cant even present my evidence of assualt and harrassment because of this lyeAnonymoushttps://www.blogger.com/profile/16124658682188601860noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-63763131571134783572016-03-08T08:18:16.848-05:002016-03-08T08:18:16.848-05:00How am I showing the video? I tend to upload the ...How am I showing the video? I tend to upload the video onto an iPad, my iPhone, or other device. The real key is to load it onto a device that you know how to work exceptionally well. I made a disastrous mistake in going from Apple to Android for a hearing and had a heck of a time finding the clips I wanted, starting them etc., all because I'm not familiar with the technology.<br /><br />At the hearing it would be fantastic to have multiple screens for everyone to see. In theory you could bring in a large monitor to set up. In practice--I think this only works in Courts, as setting up audio visual equipment at the Landlord and Tenant Board makes (in my mind) adjudicators leery about your intentions. LTB hearings are intended to be fast and efficient. Dockets are long, adjudicators are expected to pump out decisions quickly. Setting up AV equipment suggests that you think your case is going to be a whole lot longer than the hearing block you are in can handle.<br /><br />For this reason, my video evidence tends to go in with a handheld screen. I hold it so that the adjudicator can see it clearly. The witness sees it from a distance but has already seen it so is prepared to comment on it as necessary. Short clips are helpful in this regard as well. The opposing side can look at the video on their own device and I clearly tell them which clip I'm playing based on the title. If they didn't bring a device--notwithstanding that I've shared the video with them; then this is their problem not mine.<br /><br />Aside from the foregoing, I also give some thought to what the video shows and what it is that I intend to demonstrate with the video. Is the key to the video sound? Is it a particular image? Is it the flow of images in the "movie" of what is captured. If the point is the sound, then the key is good audio and perhaps I bring bigger speakers so it can be heard more clearly. If the video shows an assault (for example), then the key to the video can be captured in several frames of video--i.e. the approach, the swinging fist, the contact, the falling down. What can be done with video like this is that you screen capture parts of the video and you print out stills from the video. You can actually show a video on paper though it is only effective, in my experience, if you are dealing with 10 to 15 seconds of an event and the event is dramatic--i.e. a punch, explosion etc.. Having video stills on paper is fantastic because this is the kind of evidence that the Board is very used to receiving and marking as an exhibit. It can be easily reviewed and looked at over and over again and it forms part of the file/record of proceedings that can be easily accessed for a Review or Appeal.<br /><br />The issue you have raised is a great one. How this kind of evidence is presented is certainly bound to evolve at the LTB. Until there is a perfect system we need to think about methods that allow the point of the video evidence to be conveyed quickly and efficiently while preserving the punch that this kind of evidence can give to a case.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-67335720100245561192016-03-08T08:16:19.201-05:002016-03-08T08:16:19.201-05:00Hi: This is a wonderfully difficult question to a...Hi: This is a wonderfully difficult question to answer. It is something that I struggle with regularly. Video evidence can be exceptionally compelling evidence. Unfortunately, it becomes fairly difficult to put this evidence on the record and difficult to get it in front of the adjudicator as part of the "record". <br /><br />Your three copies question is answered easily enough in that you simply out the video on thumb drives and give a copy to the opposing party. You can also send the opposing side a dropbox link to the video or a link to a private Youtube video. There are, I'm sure, dozens more ways to "share" video. This is the easy part.<br /><br />Getting the video into the hands of the landlord and tenant board is more difficult. The Board, as far as I know and certainly in Ottawa, has no way of receiving video in a way that makes the video accessible during a hearing. There are no video screens in hearing rooms, no network to tap into to upload a video, no method of showing the video during a hearing to the adjudicator, the witness, and the opposing side. Video is very difficult to work with in the context of presentation. Presented poorly, fantastic and compelling video can become a profound annoyance and frustrate the heck out of all of the parties. I regularly see people trying to present a video--only to skip over it apologizing for technological difficulties etc.. Also, a video once shown tends to become invisible and inaccessible for an adjudicator who does not have the hardware to load and watch the video again during deliberations.<br /><br />While you can always give the Board a USB key, or even submit a letter to the Board with the URL for download or streaming the video this will be unlikely to give your video the prominence that you desire and it is unlikely to become an integral part of the evidence.<br /><br />I can recommend the following way of proceeding with video. I'm sure there are better ways and in a technologically advanced hearing room there are most definitely better ways. However, in the reality of Landlord and Tenant Board hearing rooms we have to be prepared to present video in a room that doesn't even have a VCR. Hearing rooms in hotels, Royal Canadian Legions, banquet halls, and even the main offices do not have the tech that one needs.<br /><br />What I have done, that seems to work, is that I take my video and I edit it down to only what is needed. Long lag times in video starting up creates an anxiety in the hearing process that quickly becomes impatience. Hence, if I can, I keep my video segments as short as possible. I try to break up the video into segments that allow the video segment to be watched and then commented on and described by the witness. The description of what we just saw, in this 10 second clip, then makes it onto the record and is a subject of description by the witness. Consider the difference between showing a 1 or 2 minutes video and then trying to describe everything that was just seen on that video. It simply does not work as well.<br /><br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-4229534173833435962016-03-06T14:53:47.103-05:002016-03-06T14:53:47.103-05:00Hello can you please tell me how to present video ...Hello can you please tell me how to present video evidence, my landlord assaulted me and I have it on surveillance cameras, due to his aggressive behaviour I had to record another incident where I was threatened with an axe in a menacing manner, the landlord filed n5 notices and lied on both of them which I can prove with my video evidence, how do I provide three copies of that? TyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-78667884202442053582016-02-19T18:00:01.776-05:002016-02-19T18:00:01.776-05:00Hi: At this stage you need a lawyer. If your ten...Hi: At this stage you need a lawyer. If your tenant is using the appeal process to delay the matter (presumably frivolously?) then there is no reason to think that he wouldn't do the same thing if you bring another application. The thing to do here is to retain counsel to represent you in the appeal. If the documents are what I am guessing they are, then your tenant has appealed the order to the Divisional Court. There is an automatic stay of any eviction order on appeal to the Divisional Court. There are other timelines in the Divisional Court but these timelines are driven by the parties and not Court itself (at least not initially). Hence, if you do nothing, then nothing will happen for a very long time. You need to hire a lawyer to address this as doing it yourself is practically impossible at this level. You will be asking the lawyer to bring a motion to require certain actions failing which the Stay of Eviction is lifted and you can enforce. You can ask the Court to quash the appeal on the basis that it has no merit, you can ask for the Court to lift the stay but still let the appeal continue, you can ask the Court to Order the tenant to pay the rent in full, plus arrears, on time and on an ongoing basis pending the appeal failing which the stay is lifted and the tenant is evicted. There are a number of different things to ask for depending on the particular circumstances. You should also ask for your legal costs of your own lawyer's fees--which, presuming you win, is something you are likely to get at least a part of.<br /><br />Proceeding with a motion in the Divisional Court is, I think, the way to go. While you can return to the LTB on other applications I think you would simply be wasting your time. Of course, you should ask your lawyer to analyze the grounds of appeal. If there is indeed merit and your chances are not great on the appeal consider consenting to the appeal and starting again on other applications before the Board. <br /><br />Good luck to you.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-87321826608047473172016-02-19T13:59:55.620-05:002016-02-19T13:59:55.620-05:00Hi Michael,
I have a tenant who has lived in my ap...Hi Michael,<br />I have a tenant who has lived in my apartment unit for 3 years, and stopped making payments as he, ironically, lost his licence to practice law. He filed a notice to terminate last year, which I was happy about as he wasnt paying rent/on time. then he suddenly tells me he no longer wants to terminate. Regardless, the hearing was heard, he didnt show up, and i got an eviction order. he appealed it to the higher level in the tribunal, which also found for me. now he has gone and appealed it to the Court of Appeal saying they shouldnt have made a decision without him attending the hearing. What can i do? he also owed me over $10,000 in rent arrears dating back almost 2 years. Should i try to end his tenancy for non payment of rent and have him evicted and an order given for the rent, or just wait for the appeal to be heard (which could take a year im told), or begin a small claims court action? He is familiar with the law as a lawyer so he is using anything he can to prolong this, meanwhile Im getting no rent. Please advise, Thank you!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-7009112867889937762016-02-18T14:10:59.683-05:002016-02-18T14:10:59.683-05:00Hi! Great post. I'm a tenant with an upcoming ...Hi! Great post. I'm a tenant with an upcoming eviction hearing for non-payment. January was owing when the application was filed - we've since paid it off. Now, we have February owing plus the landlord's application fee. We disagree with the application fee so we're taking it to tribunal. Two questions, really - if the rent the application was made *about* (January) has since been paid, can assume we won't actually be evicted? And what do you think on due diligence excusing the application fee? We have videos of us trying to pay multiple days - the office was closed and locked during their locked office hours. We're happy to pay or arrange to pay February's rent but hoping to get the application fee knocked off.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-51060483539735816032016-02-02T10:10:28.937-05:002016-02-02T10:10:28.937-05:00Hi: I'll comment only on the T2 application. ...Hi: I'll comment only on the T2 application. In my experience, the key in defending a T2 application is to not get caught by surprise by allegations and evidence in the proceedings. Given the structure of LTB hearings ambush and surprise are not infrequent occurrences in hearings. The Residential Tenancies Act requires that the Board adopt a procedure that ensures that all persons directly affected by the proceeding have an adequate opportunity to know the issues and be heard on the matter (s. 183). Hence, the most important thing for you to do is to write to the tenant and require her to provide you with disclosure of all of her evidence prior to the hearing. Further, if her written allegations contain generalities without specifics, demand that she provide details of the allegations and specifics about what she is alleging (who, what, where, why, when, how). Advise her that unless she provides you with disclosure of her documents that you will object to the documents being entered into evidence. Further, advise that unless she provides specifics of the allegations you will object to any allegations being raised that you do not have specific and advance knowledge of.<br /><br />At the hearing, you may indeed object on the basis indicate and you may reference section 183. Procedural fairness and natural justice underpin your demands for disclosure and specifics as you can not effectively defend yourself if you don't know what the case is. It is not, in my view, always acceptable to receive disclosure on the day of the hearing if that late disclosure prevents you from getting documents, witnesses, and other evidence together in defence. Hence, if the disclosure comes very late you might seek an adjournment from the Board to better prepare. If you are asking for an adjournment ask also for an order requiring the applicant to disclose all of her evidence well before the next hearing date (it is likely that you too will be ordered to disclose your evidence).<br /><br />Once you have the evidence/disclosure, consider carefully what the tenant is saying. If the allegation isn't true (whatever it might be), collect evidence that disproves the allegation. While you do not have a burden to prove anything it is still the best defence if you can disprove the applicant's allegations.<br /><br />As you don't provide details of what is in the T2 it isn't possible to comment further. That being said, do not underestimate or discount the seriousness of the allegations against you. If you are a little too easy going and you rely on the adjudicator seeing through the applicant and her allegations you might have a nasty surprise. Refute each individual allegation and do so with the best evidence that you can muster.<br /><br />If, by chance, there is merit to the allegations you might consider mediating in advance of the hearing. If the tenant is out of possession by the time of her hearing you will have a significant and likely unpaid judgment against her. If the chances of actually getting paid on that judgment are remote perhaps you trade some or all of the judgment for a dismissal and full and final settlement of all issues arising from the tenancy. It means that you walk away from the rent arrears order but if the chances of recovering it are slim to none then why not just write it off and settle the T2 for a set off against the rent arrears order. Yes--this will be very objectionable to some landlords---but it can be a fairly realistic assessment of the ultimate outcome in any event (i.e. you never get any money, and the tenant doesn't either).<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.com