Bill 184 Changes and Their Negative Effect on Tenants Part Three: Financial Impacts
WHEN IT COMES TO THE INTERFERENCE WITH ‘REASONABLE ENJOYMENT’, LANDLORDS HAVE THE ABILITY TO CLAIM COMPENSATION.
Pursuing an eviction can easily be done by a landlord if a tenant decides to interfere with the reasonable enjoyment of the residential complex. This includes all of the other lawful rights, privileges or interests of the other tenants and landlord. In retaliation, tenants have the ability to raise a human rights-type of defense against an eviction of this sort if the behaviour is related to a disability, for example.
As well as following eviction for the reasons stated above, landlords are also now able to go after tenants for compensation financially. This is relating to any out of pocket expenses. It is still unknown as to whether or not tenants are able to raise a human rights defense against this type of claim.
THE RULES BEFORE VS. THE RULES NOW
The ability to obtain financial compensation for the interference of reasonable...
Read More: https://www.oraclelegalservices.ca/blog/bill-184-negative-effect-on-tenants-part-three/
Bill 184 Changes and Their Negative Effect on Tenants Part Two: Undermining the Ability to Seek Justice
THE IMPACT OF ALTERNATIVE DISPUTE PROCESSES
If both the landlord and tenant eventually come to an agreement at the Landlord and Tenant Board, the case can continue to be resolved through an alternative dispute process instead of through a hearing or mediation. Adding onto the methods in which both parties can solve these matters has a positive impact, but it’s important before taking any drastic action that both landlord and tenant alike understand their legal rights. It’s important to know that there are certain protections for tenants that can only be given at hearings, and not accessible during mediation. We are still unsure as to whether this new dispute resolution system will assure the same protections as those accessible to tenants at a hearing. At the end of the day, no matter which way you put it, tenants should never feel like they are under any pressure to throw away their rights during a hearing, so it is important people are aware of the rights they may be forfeiting. Oracle Legal Services explains below.
THE RULES BEFORE
Before Bill 184 was put into place, most of these issues were solved during hearings where tenants were given ample opportunity to explain their entire situation. The board member assigned would then be obligated to take their issues into consideration before coming to a decision on whether or not they should/would be evicted from their living accommodations.
THE RULES NOW
Today, Bill 184 gives the Landlord and Tenant board accessibility to use alternative dispute methods in addition to the already known mediations and hearings. Since these new changes are still unclear in how they work and what protections they provide, there is a possibility that they could weaken the tenants’ accessibility to...
Read More: https://www.oraclelegalservices.ca/blog/bill-184-effect-on-tenants-part-two/
Bill 184 Changes and Their Negative Effect on Tenants
Part One: Taking Away Protections
WHAT IS CURRENTLY GOING ON?
Tenants can often come to an agreement with their landlord to repay what they owe over an extended period if they have fallen behind on rent. The best way for this to work out is by creating a realistic agreement with a hearing or mediation from the Landlord and Tenant Board. On the other hand, putting together a payment agreement without the board and instead directly with the landlord is not only unadvised, but can also hold a number of negative consequences. This especially makes itself known with the changes in Bill 184, making tenants much more susceptible to signing improper agreements due to intimidation and social pressure from their landlord. Oracle Legal Services will go into what you need to know about these changes and how to avoid being pulled into an unruly contract by your landlord.
THE OUTDATED RULES
Before the Bill 184 changes, a hearing date would be put in place by the board when a tenant was facing eviction for unpaid rent, and both parties would have to be present in order for it to proceed. The day of the hearing, both tenant and landlord would either have the decision to come to an agreement at the approval of a mediator, or bring the issue to a board member at a hearing. At this hearing, tenants would be given the chance to fully explain their financial situation and propose a realistic agreement before a member of the board. In addition, they would have the freedom to address whatever repair and maintenance concerns present. Landlords would be required to address these concerns properly and directly.
THE CURRENT RULES
Once both parties have filed both an application for an unpaid rent hearing and note of eviction, they can create a payment agreement by themselves without having to go through the Landlord and Tenant Board system. The issue with not addressing the board during these filings is that the tenant is now under less control of the agreement, affecting their final result negatively. Not seeking the board’s assistance gives landlords the option of forcing a tenant to sign an agreement that they can not financially oblige to. They can appear at a tenants place and order that the agreement be signed immediately with no notice or warning whatsoever. If one feels pressured by this immediate and abrupt action taken by the landlord, they may feel like they have no other option than to sign. Many times they will do so without looking into legal assistance.
Read More: https://www.oraclelegalservices.ca/blog/bill-184-effect-on-tenants-part-one/
RTA Changes And How They Benefit Tenants
When it comes to renting a property, there are always two sides to the equation. The tenants are on one side, and the landlords are on the other. Recently, Bill 184 was passed as a RTA legislation. There are a few different changes brought on by this bill that address both sides. In addition, the proclamation also targets fairness and jurisdictional rules surrounding housing in the area. Oracle Legal Services wants to discuss each Landlord and Tenant Law and how they may affect you.
JURISDICTIONAL CHANGES FROM BILL 184
The bill was initially thought to favor landlords in regards to post-move out rent, utilities, and damage charges. What it actually did was give landlords a time limit of one year to make a claim at the Board. The Landlord-Tenant Board should have upgraded to a single place to bring up all issues since 1998, but at least it is now. Tenant’s have always had the right to sue even a year after leaving the property, the changes from Bill 184 simply allow landlords the same rights.
TENANT CHANGES FROM BILL 184
Tenants also have seen some positive changes from the passage of Bill 184. Landlords will need to provide compensation for bad faith notices, renovation and conversion eviction applications, and demolitions. There have always been fines in place to help keep landlord behavior in check, many of these fines will be increased. N12 eviction notices will come with a compensation requirement for whoever purchases the property in addition to the landlord themselves. Landlords will need to file their intent about how they plan to use these notices when they obtain them which can help reduce tenant abuse and reduce coercing.
Learn More: https://www.oraclelegalservices.ca/blog/rta-changes-how-benefit-tenants/
Common Landlord Legal Issues Faced In Ontario
Renting a home is a complex process for both the property owner and the renter. In Ontario, there are many legal issues that landlords face that are as complex as they are absurd. Overall, the tenants have the most rights when it comes to rental claims, even if they are in the wrong. With the passing of Bill 184, which is currently Law, things get a bit more complicated. We here at Oracle Legal Services will discuss some of the common legal issues faced by landlords due to the changes in the law in the metro area.
Many people thought that Bill 184 clearly defined the jurisdiction the landlords wanted. Mainly along the lines of utility issues, damage to the property, unpaid rent after departure, and utility bills. Now, this bill has created a 12-month period in which landlords can place a claim at the Board. In the past, only tenants could claim following the year after their departure, not both parties are on equal footing. If for example the landlord gets fined for the behavior of the tenant, they are able to file a claim as long as a year following their tenant’s departure. In addition, the fact that most smaller landlords have been charging rent was deemed illegal in 2007, but this has finally been remedied.
The bill also made it easier for the Rental Housing Enforcement Unit to look into offenses committed by both tenants and landlords. Fines against landlords have been increased, and compensation requirements from...
Read More: https://www.oraclelegalservices.ca/blog/common-landlord-legal-issues-in-ontario/
Applying for Canadian Residency on Humanitarian and Compassionate Grounds
Applying for Canadian Residency on Humanitarian and Compassionate Grounds
Posted by Oracle Legal Services in Blog
Applying for residency in Canada is a complex process that requires proper documentation and adherence to the rules. Not everyone will be qualified to become a permanent resident. However, there are some who otherwise would be denied residency that may be approved on humanitarian and compassionate grounds. Below, Oracle Legal Services explains what this means in further detail.
WHAT ARE HUMANITARIAN AND COMPASSIONATE GROUNDS?
Humanitarian and compassionate grounds (H&C) are reviewed according to each case. Not everyone will be considered, and the circumstances surrounding the application must be exceptional. Some aspects of the application that will be considered are:
A person’s family ties in the country
The interest of any minors involved in the case
How integrated the applicant is in the country
The repercussions of denying the application
In addition to the above factors, there are a few other rules for applications based on humanitarian and compassionate grounds.
Read More: https://www.oraclelegalservices.ca/blog/canadian-residency-humanitarian-compassionate-grounds-application/
To put it simply constructive dismissal is where an employee is in effectively forced to quit by the employer as a result of the employer attempting to unilaterally alter the terms of the employment contract. A significant reduction in pay or hours, a change of duties, or a loss of job title and status are all potential triggers for a constructive dismissal.
When an employer changes the nature of the employment so seriously that it effectively becomes a new job the law treats that the same as firing someone. They have “constructively” dismissed the employee. This prevents employers from using a change in job duties as a backdoor to firing employees without having to go through the proper procedures.
Of course not all changes the circumstances of one’s employment rise to the level of constructive dismissal. The changes must be “substantial”, a word which is open to interpretation by the courts as it has no strict definition in this context. A reduction in pay is a classic example of constructive dismissal, but a small reduction (less than about 10%) wouldn’t be considered substantial (unless bundled with other changes). Because the term is so open to...
Read More: https://www.oraclelegalservices.ca/blog/constructive-dismissal/
Commissioner Of Oath For Taking Affidavit
The Commissioning and Declarations can be done in person or virtually via video conference. However, notarizing true copies and signature witnessing must be done in person.
Fees for notarizing true copies is $25.00 plus HST and each additional page is $5.00 Plus HST.
Fees for commissioning for taking affidavit of oath is $25.00 plus HST and each additional page is $5.00 plus HST.
For sending documents via Xpress Post there’s an additional fee of $15.00.
For sending documents via regular post – included in the fee noted above.
Gold seal sticker included (if it is required).
After contacting our office and making an appointment, please provide the following documents:
Cash or company cheque payment, no credit allowed (in order to reduce transaction fees and save you money).
One government issued photo identification (example, citizenship card, permanent resident care, driver’s license, OHIP) or TWO government issued non-photo identification (examples include: SIN card, birth certificate)
CERTIFYING / NOTARIZING TRUE COPIES:
Bring the photocopy and the original document- the notary must view the original.
If you are photocopying multiple documents onto a single page, by law each photocopied image requires its own seal. A fee for each seal is required.
A multi-page document and signature stamp must be done for other pages. The Notary will seal the first page and signature stamp other pages.
Read More: https://www.oraclelegalservices.ca/practice-areas/commissioner-oath-taking-affidavit/
Human Rights Complaints
Suffering a breach of one’s Human Rights can be humiliating, enraging, and often costly. When your Human Rights are violated you are often entitled to significant compensation to make up for this.
In accordance with the Ontario Human Rights Code, no person in Ontario can be legally discriminated against because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance. This applies to the offering of services, accommodations, employment, and in many other spheres of life.
If you believe you have experienced discrimination or harassment, you can file an application with the Human Rights Tribunal of Ontario (HRTO). The HRTO resolves claims of discrimination and harassment brought under the Human Rights Code in a fair, just and timely way. The HRTO first offers parties the opportunity to settle the dispute through mediation. If the parties do not agree to mediation, or mediation does not resolve the application, the HRTO holds a hearing.
Read More: https://www.oraclelegalservices.ca/practice-areas/human-rights-complaints/
WSIB Claims In Toronto (GTA)
When you are injured at work you need to focus on recovery rather than navigate the difficult and often confusing world of the Workplace Safety and Insurance Board. Let Oracle Legal Service take over the administration of your WSIB claim so you can spend your energy getting better.
Workers rarely have a complete understanding of the WSIB scheme. There are a large number of interconnected rights and responsibilities when you become injured at work and many of them are not immediately obvious. A failure to retain legal representation to protect your rights can result in your claim being dismissed despite your being entitled to benefits. Do not take that risk. Oracle Legal Services can help you navigate the entire process, from the moment you’re injured until the moment the Board issues their ruling.
Learn More: https://www.oraclelegalservices.ca/practice-areas/wsib-claims/
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