A small landlord in the Ottawa area launched today a class action suit against the government of Ontario. The Statement Of Claim was filed today at the Cayuga Superior Court Courthouse by small landlord Elsie Kalu under the Class Proceedings Act, 1992. She is represented by Marshall Law Group, a law firm operating from Caledonia, Ontario – “specialized in dealing with complex litigation” according to their website
According to the claim, Elsie Kalu, (“Elsie”) – a resident of Ottawa, Ontario who purchased a property in April 2022 with the intention to move in with her daughter, who is 5 years old and suffers from Autism Spectrum Disorder – faced innumerable delays and still is not receiving rent due by tenant nor close to get a hearing date or an eviction order from the Landlord and Tenant Board (LTB) the Tribunal mandated to deal with landlords and tenants issues in Ontario. This situation – the suit claims – is due to the LTB’s failure to fulfill its mandate on a timely manner.
When the tenant refused to leave – as is his right – Elsie followed with an application for eviction at the LTB. But the proceeding delays by the Landlord and Tenant Board had a very negative impact on her and her child.
The suit claims the landlord has suffered “extreme financial hardship and loss, and emotional and psychological stress, due to the tenant being permitted and incentivized by the defendant (government of Ontario) to live rent free in Elsie’s home, and fundamentally steal from her and her child.”
Several small landlords and tenants have publicly complained about the delays at the LTB putting many in precarious financial situation and emotional distress.
The 11 pages of the statement of claim can be read below
