When and where?
Date: April 29th 10a.m. – 6p.m.
Where: City of Mississauga – gather at Celebration Square 10a.m. – 11:30a.m. (300 City Centre Drive)
Walk to: Hurontario/Burnhamthorpe
More Info: protest@solo.ca or call 647-792-4951
Register to attend here: https://go.solo.ca/protest
Small landlords, many of whom own one to five properties and are employed full-time, are required by the Ontario Government to provide financial support to tenants who are either unable or unwilling to pay rent. Delays to obtain a hearing from the Landlord and Tenant Board (LTB) can take up to one year, and during this time the Ontario Government has taken control of private property which has impeded the ability of small landlords to preserve their ability to generate revenue or protect their physical property. They’re left with no other alternative than to work long hours, obtain loans or rely on family members for financial assistance to support tenants.
The Ontario Government’s apathy and unequal treatment of small landlords came to light in 2020 during the moratorium eviction ban. Tenants who experience financial hardship are protected by the Ontario Government, however, in contrast, small landlords were mandated to provide financial support to tenants regardless of circumstance. Despite endless pleas to the government and media to bring attention to the precarious financial situation of small landlords, no financial government assistance was provided. On the contrary, commercial businesses and restaurants who were mandated to close received financial assistance through programs such as the Canada Emergency Commercial Rent Assistance (CECRA) program and Canada Emergency Rent Subsidy (CERS).
It has been three years post-pandemic, and with ongoing and prolonged LTB delays, the average eviction cost per small landlord is $30 to $50K. The struggles of small landlords continue to remain inconsequential to the Ontario Government who through their inaction have signaled a lack of concern.
The unfair treatment of landlords has made its way to the Ontario Superior Court of Justice. A class-action lawsuit against the Ontario Government was brought by Elsie Kalu, a small landlord represented by the Marshall Law Group. The class action lawsuit claims among many things that through regulation of private property, the Ontario Government has in effect expropriated property. This is known as constructive taking or de facto expropriation. This occurs when a government or other authority takes over control or ownership of private property, or interferes with the use of private property, in a way that effectively deprives the owner of their property rights.
The class action claim was filed on December 30, 2022, and is pending certification with the Ontario Superior Court of Justice. Parties to the class action are “all persons and entities who were, and/are party to residential tenancy arrangements as landlords in Ontario, who were, and are party to eviction proceedings before the Landlord and Tenant Board within the relevant limitation period.” The Class Action Claim can be found here.
SOLO is calling on all landlords to join together to protest against injustice. Let’s demand change and compensation for de facto expropriation or constructive taking.
