In the context of residential property management, the main applicable law is the Residential Tenancies Act (RTA) adjudicated through the Landlord and Tenant Board (LTB). Despite stringent measures, one can still be hitched to a “professional” tenant or a negligent landlord as relations sour. The first consumer instinct when things go awry is to threaten legal action to achieve satisfaction. However, a landlord or tenant would be ill-advised to pursue this as a reflex based on how long it takes to even reach a hearing at
the LTB. The purpose of this article is to warn readers of the potential delays and hurdles one experiences while attempting to achieve legal results through the LTB.
Before exploring the hurdles, let us review how long these delays actually take as reported by the LTB itself. From January 2022 to March 2022, reaching hearing for an L2 application took on average of 102 days, for an L2 and L9 it took an average of 160 days. Over three months to collect rent! On the tenant’s side: it took an average of 123.8 days to reach a hearing on a T1, 133 days for a T2, 269 days for a T6, and 143 days for a T5. Over four months for pursuing maintenance, rights and compensation for other violations!
By the end of 2019 there were 14,726 active ones, by the end of 2021 there were 34,731 active. The caseload more than doubled! Majority were resolved at hearings, 14% by mediation using LTB resources and 30% by withdrawal. To combat the delays from COVID-19, the board pivoted to complete hearings by phone or video conference which continues to this day. Applicants must be prepared to accept ongoing or unexpected delays before even considering the potential hurdles listed below.
The Administration.
So you’ve decided to check the LTB website and deliver a legal notice to the other party. Did you complete the form properly with the right information? This is the most common mistake applicants make. The responsibility for a mistake is always yours: calling the LTB directly for advice or talking to their free duty council is no excuse. If something is wrong with your application then you may be sent back to square one; getting rejected suddenly at a later point and delayed by months. I would recommend a paralegal write your applications the moment circumstances get confusing or the casebecomes complicated.
The Paralegal.
A paralegal is a licensed agent of the court with professional conduct guidelines: they will never seek to undermine the LTB and ought to navigate through it better than you. Be prepared to evaluate them based on experience, knowledge, drive, creativity and other areas one judges a professional agent. Hiring a paralegal does not mean you have a strong case. You will be setting your paralegal up for failure if you are misleading or demonstrate incompetence at fulfilling your obligations to the other side as laid out by the RTA.
The Other Side.
The LTB is set up with only two sides: the landlord and the tenant. Your legal opponent will be navigating the system and strategizing to mitigate damages. It may be in their interest to delay the process, countersue or pressure you within or outside of the LTB’s framework. Are they agreeing to terms only to change their minds? Will they begin to treat you or the dwelling worse? Your relationship with the other side should be at its worst by the time you reach the LTB: you should know what to expect from them and be prepared to endure.
The Case Matter.
Different applications have different goals and potential outcomes. Are you ready to win your case with a clear goal in mind? You will lose if you are missing objective evidence confirming the other side to be at fault. You are approaching a court of law: pictures, emails, written statements, witnesses, competent testimony and statements, past case law referral will all be used and scrutinized. The outcome may not be black and white: it depends on the application type and how convincing the other side is.
The Member.
The final decision on your case rests on one decision-maker: the adjudicating member of the LTB. As of March 31, 2021, there were 37 full-time adjudicators and 39 part-time adjudicators. Each member has his or her own professional background, temperament and beliefs influencing their final judgment. A crafty paralegal or well-presented case will go a long way in influencing their decision: which may not be black and white. Every previously mentioned hurdle will be scrutinized by the member: are you prepared to leave it in their hands?
If you are looking to avoid going to court and want your legal issues resolved quickly; call me now to review what measures you have already taken and what other options we have or follow me on Twitter @PropertyCadet.
