Non-Profit Providers and Owners Are ‘Co-Landlords’

A three-person panel of the Landlord and Tenant Board decided in a Review Order that the LTB has no jurisdiction to make orders related to a non-profit housing organization and the building owner it works with. They are co-landlords — not in a sub-tenant relationship.

Last fall, the Board chose to initiate a Review pursuant to Rule 29.1.1 and the Statutory Powers Procedure Act. The building owner, “HPA,” had applied for an order pursuant to section 69 of the RTA to terminate the tenancy and evict the housing provider, “HCH,” over the alleged behaviour of the tenant, “IM.” An LTB member ruled that the relationship between the private sector property owner and the supportive housing provider was a commercial tenancy, and therefore outside jurisdiction of the LTB. That decision conflicted with previous Board decisions.

“There is a single residential tenancy in respect of the unit occupied by IM. That tenancy is between IM, as the sole Tenant, and HPA and HCH as Co-Landlords,” the review panel decided. “The Board has no jurisdiction over the commercial relationship between HPA and HCH, except to the extent that the relationship may be relevant to, and arise in a proceeding dealing with the residential tenancy covered by the RTA.”

The review panel noted that the characterization of parties, and issues of Board jurisdiction, have been inconsistent and caused uncertainty. The review was undertaken in part to bring clarity to these issues.

In Other Tribunal News:

LTB to begin serving notices July 1

    Beginning July 1, the LTB will start serving the notice of hearing and the application to both the applicant and the respondent, rather than having the applicant serve the respondent.

    In most cases, applicants will no longer have to serve the notice of hearing or submit a certificate of service. The board will no longer send a letter to respondents confirming the information in the notice of hearing, so a step will be removed from the process. Until July 1, applicants should continue to serve the notice of hearing and file a certificate of service. The rule governing these new procedures are to be posted in early spring.

Co-ops Using New LTB Access

    Co-operative Housing corporation matters are becoming more common in Landlord & Tenant Board hearings. Some recent cases demonstrate the range and application of the legislative change that took effect in 2014:

    • TNC-00124-15 (Re), 2015 CanLII 6874 (ON LTB) – Membership terminated, resident to pay nearly $11,000 to Co-op; eviction may be enforced by sheriff.
    • TEC-00102-14 (Re), 2015 CanLII 6876 (ON LTB) – Agreement to pay arrears, pay on time, or face eviction proceedings.
    • SOC-00100-14 (Re), 2015 CanLII 6677 (ON LTB) – Consent to terminate occupancy.

Criminal Injuries Compensation Board Joins SJTO

    Starting April 1, the Social Justice Tribunals Ontario (SJTO) will have eight members in its cluster of adjudicative tribunals that resolve disputes related to social justice.
    The other tribunal clusters are: Environment and Land Tribunals Ontario (ELTO); and Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO)
    Criminal Injuries Compensation Board is an arms-length administrative tribunal governed by the Compensation for Victims of Crime Act. Its role is to assess financial compensation for eligible victims or the family members of deceased victims of violent crimes committed in Ontario. As part of the social justice cluster, the Criminal Injuries Compensation Board will be able to draw on more resources, such as in-house legal staff, and training opportunities, to enhance its adjudicative capacity. The Board will maintain its decision-making independence.

New Look for Cluster Sites

    It will soon be faster and easier for people to get online information about how to file and what to expect at SJTO tribunals. The cluster is launching a new website, using plain language to make it easier to search and navigate the device-friendly display. The province wants a common look and structure for five of the SJTO tribunals: the Custody Review Board, the Human Rights Tribunal of Ontario, the Ontario Special Education (English and French) Tribunals, and the Social Benefits Tribunal. Content is being updated for the Landlord and Tenant Board and the Child and Family Services Review Board, with the new versions to go live by early summer.
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