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Landlord and Tenant Board practice is creating renter nightmare scenarios in Ontario

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Imagine if Ontario’s Landlord and Tenant Board decided to evict you and write your landlord a blank cheque you then had to pay. It’s not a nightmare. In fact, it happens every day. Allow me to explain.

When the Board issues an eviction order, as a matter of standard practice, it orders tenants to pay all rent arrears owing and a pro-rated daily occupation rate for each day tenants remain following the written order’s eviction date.

For example, the Board might say that the tenants owe $4,000 in arrears and an additional $50 for each day they remain beyond their eviction date.

Including this daily occupation rate in eviction orders incentivizes tenants to vacate a property earlier, rather than wait to be forcibly removed by law enforcement (should that be necessary).

For landlords, it provides compensation for the time during which their property may be illegally occupied by a tenant, without requiring them to obtain a subsequent legal order.

So, as a practice, it makes sense for the Board to establish a post-eviction daily occupation rate in its eviction orders. But the arrangement rests on a problematic premise: that landlords can be trusted to not falsely claim a tenant occupied their property after an eviction date.

In the event a landlord does lie though, they can claim thousands of dollars from tenants without having to prove they are owed a penny of it, notify the credit bureaus of the ostensive debt, and file to garnish it from tenants’ employers.

Tenants are then put in the position of proving – or paying legal counsel thousands of dollars to prove – that they didn’t occupy the unit beyond the eviction date in Small Claims Court.

And what consequence will the landlord face for all this unlawful carnage? None.

Though it’s a criminal offence to file a false Affidavit of Enforcement Request, that’s an issue beyond the scope of what’s covered at the civil hearings held for garnishments and similar disputes, where landlords risk only minor consequences for falsely claiming thousands of dollars from struggling renters.

It’s the same story in the event of a false filing with credit bureaus. The bureaus do not require proof of daily occupation rate debt to list it on a tenant’s credit report.

Then they make removal astonishingly difficult for tenants, even after a court has invalidated the claim.

For the landlord, making a blatantly false filing with credit bureaus is also illegal. But again, there do not appear to be any real repercussions. I know because I’ve seen everything described above transpire with my own clients.

But this is not an impossible problem. On the contrary, the province could implement several simple solutions to prevent these situations and impose appropriate penalties.

Firstly, Queens Park can and should amend the Residential Tenancies Act to explicitly establish high punitive fines for landlords who attempt to falsely claim post-eviction daily occupation rate payments.

The province could allow these claims to be brought by tenants through the Board instead of the courts, which have more complex procedural requirements. This would make it easier and more affordable for tenants to seek justice.

But the legislation would, as a practical matter, have to establish minimum fines and other penalties, which the Board itself would be responsible for extracting. Otherwise, the Board will only issue the paltry, slap-on-the-wrist fines it typically awards – which are then rarely even paid.

Another option could be setting a deadline for the daily occupancy rate’s application, which would apply where landlords fail to file an eviction order with the sheriff’s office in a timely manner.

For example, two weeks following an eviction date. Since in some cases, landlords neglect to file an order with the sheriff’s office for months or years, then claim payment owing for the applicable time period, even if the tenant has been long gone.

Lastly, both the federal and provincial government must clamp down on credit bureaus’ mismanagement. We need appropriate regulations making it as easier for tenants to remove false debt claims, and harder for landlords to file them without substantiating evidence.

And bureaus must be mandated to ensure customer service personnel answer phones, respond to emails, and address issues like human beings rather than Kafkaesque robots.

One way or another, the province must fix this ridiculous situation to protect Ontario renters from these nightmare scenarios – because it’s hard enough for renters to afford costs of living without our tribunals writing effective blank cheques in their name.

Marc Z. Goldgrub is a lawyer at Green Economy Law Professional Corporation, a boutique Toronto law firm with a focus on green business, psychedelics, and housing.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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