I have been abused throughout the entire Landlord Tenant Board (LTB) process. The LTB is failing to meet its service standards, and it is shameful, to say the least.
Numerous hearings were scheduled for each of the files, and then cancelled by the LTB because of LTB errors/administrative mismanagement of the files.
WAITING ON ORDER 103 DAYS AND COUNTING:
- Application to End a Tenancy and Evict a Tenant (Form L4) for rent intentionally withheld (ongoing since 2019)
- Submitted Application to End a Tenancy and Evict a Tenant or Collect Money (Form L2) deriving from a Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (Form N12), for personal use
- Exparte was issued July 15, 2021
- Stay Order issued July 16, 2021 (tenant filed false and misleading information)
- Hearing scheduled for July 28, 2021 (Attended hearing with paralegal and witness but “file not on docket”)
- Hearing scheduled Sept 01, 2021, cancelled by LTB !
- Hearing scheduled Sept 08, 2021, cancelled by LTB !
- Rescheduled for Sept 23, 2021 (but adjourned only 1 week prior; tenant ordered to pay costs)
- Matter heard Sept 29, 2021, but 103 days have passed and nothing has happened. Tenant application was withdrawn.(L2 deriving from a Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding (Form N5) behaviors; L2 deriving from N5 damages)
These matters were all heard at a full day hearing on Sept 29, 2021. The tenant and her representative did not provide any evidence or arguments for the dispute. I am still waiting for orders. (103 days and counting)
Landlords also have a human right to adequate housing. I own one property, and I need that property for my personal use (for my 3 children and myself). Instead, I continue to be homeless at the hands of the LTB. I was staying in a seasonal travel trailer (not equipped for winter) until the temperatures dropped to severe cold levels on January 5, 2022, at which time the province also banned in-door dining, which we relied upon for a warm place to get a meal and to use their facilities. This was the breaking point: we had to resort to being sheltered by the County Homelessness Program (a complete embarrassment which strips us of our dignity). This is only a temporary solution as the shelter can house us for only two weeks. Once we’ve exhausted this resource, we will be forced back into the seasonal travel trailer.
I check the status of my files on-line on a daily basis, often multiple times per day and also phone the call center for any possible updates– to no avail. I often get a busy signal when I call 1-888-332-3234; get disconnected at approximately the 30 minute mark while on hold; or get ‘hung up on’ by the agent. I have sent numerous emails to the LTB and my legal representative has also sent several emails and phone calls requesting updates. I searched Canadian Legal Information Institute (CanLll) for other LTB orders: they are all issued within 60 days.
On Nov 22, 2021, my legal representative sent a fax requesting a copy of the hearing recordings so they can be transcribed, but the lines were busy. She then sent it by email to be told, “It needs to be sent by fax.” She has not received anything to this day…not even a follow-up response.
I have complied with all the rules and obligations under the Residential Tenancies Act (RTA) ‘to a T’ in this process, but it is now 103 days and counting, with no orders rendered. All the issues in my files continue to escalate:
- I cannot access my property; the tenant refuses to give me a key to my home!
- The tenant is interfering with my reasonable enjoyment!
- I have sustained bodily injury; the tenant was charged!
- The tenant is preventing me from performing inspections and maintenance!
- The tenant continues to damage my property!
- The tenant is not paying rent!
In the current pandemic circumstances, I understand that a delay is to be expected, but it is my position that a delay more than six days (103 and counting) is a complete denial of access to a timely, fair and efficient dispute resolution. The LTB has robbed me of my right to adequate housing; all of my rights afforded under the Residential Tenancies Act and continues to seriously impact me mentally, physically, emotionally and financially. I feel that the LTB is demonstrating an abuse of power, and I respectfully ask that the Office of the Ombudsman of Ontario investigate these matters as my situation is dire. I hope that you can appreciate how incredibly exhausted I am with this situation. It is not just an inconvenience to me; my livelihood relies on these orders. I have fallen through the cracks of an extremely broken system. The LTB has forced me into a very vulnerable position, and it is resulting in detrimental effects.
This LTB treatment is an experience that I am sure I will never recover from. The system is broken and I, an Ontario homeowner, am now a hopeless homeless father, as a direct result of the LTB’s actions and inaction.
I look forward to your speedy response. I have numerous documents, information and further details to assist in this matter. Please email or call ASAP.
Frustrated homeless homeowner,
[City Town in Ontario]
