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The LTB has a wealth of binding caselaw from appeals to Divisional
Court and the Ontario Court of Appeal. These appeals are
binding on the Board, and can be used to bullet-proof your case.
LTB decisions may be persuasive, but decisions from the appeal
Courts have the real power.
This webinar will provide you
with my most popular appellate decisions that I keep in my everyday
caselaw file. I will discuss the important decisions, how they
can be argued and what the ratio of each case is. For new
paralegals, it will be an overview of the importance of caselaw.
For experienced paralegals, it will provide you with the leading
cases that can improve your practice results.
Ontario's System of Rent Control -
We will discuss rent deposits, interest on rent deposits, raising rents,
increases for additional facilities, illegal charges,
the L5 above guideline application, the N10 notice and Ontario's
new 2017 and 2018 section 6 rule changes.
You will learn everything you need to know about keeping
the rent legal and avoiding applications by a tenant for a
rent reduction and abatement. We will review the infamous Price v. Turnbull's
Grove case from the OCA, a terrible threat to your landlord client.
We will also look at the 1 year limitation period which has some
holes in it, for a tenant making claims for the return of illegal
Notice of Termination for Conduct -
Evictions for conduct at the LTB are hard
to get. Caselaw puts a big burden on landlords to make notices
perfect. It's not just the statutory requirements like timing,
but also the amount of detail in notices. The issue of legal
marijuana in Ontario, both growing and using in rentals will also be
Learn about the crazy system of notices (rather
than applications) to plead facts at the LTB. Get copies of my
best notice pleadings for N5's etc. Learn about the
intricacies of the complicated N5 notice.
Few people really understand it or know how to argue it. There
have also been changes in the last year regarding the conditions for
serving a second N5. Webiar includes flow charts and tables for your
March 14, 7pm
Mediation at the LTB -
We will cover the process of mediation at the
LTB, the private mediated agreement versus the consent order.
Learn about how to use
agreements with s.78 clauses as a way to an easier eviction. Learn
about the difference between a re-opening vs a s.78 re-application.
We will discuss the strategic issues of when to mediate versus going to
We will examine the L4 and the actual s.78 statutory
requirements that need to be satisfied in order to file one.
We will also look at the set aside process and how to argue it from
a landlord's perspective. We will disect Rule 13 of the Rules
of Practice in detail. There have been recent changes to
re-openings that will make mediated agreements even weaker.
March 28, 7pm
No Fault Evictions -
this webinar we will discuss evictions for landlord and purchaser's
own use, as well as for demolition and renovation. There have been
a huge number of changes to statute over the last two years, including
compensation, length of stay, corporate landlords, affidavits and
declarations, reverse onus on T5's etc.
We will cover
the N12, N13, the L2 and T5 applications. The leading caselaw
will be presented as well as strategies to achieve success for the
landlord client, and pitfalls of which to be beware.
April 11, 7pm
Odds and Ends -
We will start with the new
government lease and the importance of having a comprehensive lease
Appendix to provide certainty and enforceability of the lease terms.
We will look at the new Rules relating to service by email, when
it's allowed, and how to get consent using the new LTB form.
We will examine the A2
application which provides evictions for unauthorized
occupants, discuss the difference between a "tenant" and an "occupant" etc. We will look
at s.83 arguments for A2 applications. We will discuss the
changes for the new Rules of Practice, especially those regarding
notice of entry into the unit. Finally we will deal with a
short discussion on jurisdiction and exemptions, as wekk as arguments
for costs at a hearing.
April 25, 7pm
Sessions are 2 hours substantive each, & you receive the session's
Live sessions online via Zoom Webinars,
maximum 100 participants
On Demand sessions receive all the
same materials & video
You will receive all the caselaw &
files referred to in the webinar