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Year: 2011

December 6, 2011 by harry

Liberals Start New Legislative Session by Dumping on Residential Landlords Again

In the summer of 2011 Minister Bartolucci reacted in mock horror to the announcement of the 3.1% provincial rent increase for 2012, saying his government would re-vamp the system if the Liberals were re-elected.  And so they have!  Today a…

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December 6, 2011 by harry

Auditor General Slams Legal Aid Ontario. Lots of $$$ Wasted in Landlord & Tenant.

I was not surpised to see Auditor general Jim McCarter report on the way Legal Aid Ontario handles it’s money. As a paralegal working primarily in the area of landlord and tenant law, I routinely see 3 staff lawyers paid…

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November 17, 2011 by harry

So Much Delay at LTB….So Many Frivolous Tenant Applications

The Landlord and Tenant Board is experiencing unprecedented backlogs.  They are currently experimenting with a system to deal both with the time to get rent matters to hearing, and the difficulty in hearing the more complex conduct applications and tenant…

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October 20, 2011 by harry

No Good Deed Goes Unpunished at the Ontario Landlord and Tenant Board

Remarkable case today at the Board.  Shows how perverse the whole system is.  Shows how poorly the LTB operates in its tenant-centred focus.I attended at the Board with a landlord in March of 2011 with a tenant who had mental…

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August 18, 2011 by harry

Board Delays Put Safety At Risk – Is This Fair & Balanced Mr. McGuinty?

Another day at the LTB.  The Residential Tenancies Act says that proceedings are supposed to move along at a good clip: Expeditious procedures 183.  The Board shall adopt the most expeditious method of determining the questions arising in a proceeding that…

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August 17, 2011 by harry

LTB Member Makes Thoughtful Decision on Condominium Eviction Case, but Legislative Gaps Remain

I rarely mention LTB adjudicators by name here, partly because I am often critical on these pages, and I have concerns about my obligations to the Law Society.  I sometimes come close to the line, but I try not to…

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August 16, 2011 by harry

Before Investing, Be Aware That The LTB May Deny You The Right To “EVER” Move In

While lamenting about Ontario's over-bearing and over-reaching rental housing legislation, the first plank of Marx's communist manifesto comes to mind.  It reads as follows: Abolition of private property in land and application of all rents of land to public purpose.…

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July 30, 2011 by harry

Minister Bartollucci’s Comments on Guideline are Intellectually Dishonest

On Friday Minister Bartolucci reacted in mock horror to the 3.1% provincial rent increase for 2012, saying he would re-vamp the system if the Liberals are elected.  But let’s look at the facts.Prior to the Liberals enacting the Residential Tenancies…

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July 29, 2011 by harry

The rent control guideline for 2012 will be 3.1%

The rent control guideline for 2012 will be 3.1%, up from the 2011 guideline of 0.7%. The 2012 guideline is calculated using CPI data from June 2010 to May 2011.The rent guideline is based entirely on a pre-determined formula based…

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July 19, 2011 by harry

Important case from Ontario Court of Appeal on Rent Deposits

I’ve just read a recent case, decided in July by the province’s highest court, the Ontario Court of Appeal.  The decision reversed (or at least modified) the reasoning in an earlier decision of the Ontario Divisional Court which allowed a…

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