Posted by Eugen on Sep 17, 2020 in Blog | 4 comments

Noisy tenants and Ontario landlord tenant law. What would a landlord do to a tenant who makes too much noise and disturbs other tenants? Many landlords may try to talk to the tenant accused of being loud and ask them to keep it down. Often it works. Other times, no matter how much work the landlord puts into trying to make the noisy occupant louder, they ‘re just not going to change their way. The noisy tenant can be a real problem for the landlord. Some tenants will start complaining to the landlord, and they will start calling for action. If this happens, some of these tenants will file an application against the landlord for an abatement of the rent (return of rent money) and some will attempt to put an end to their holdings and move on. The danger to the landlord is that a noisy tenant will push out high-quality tenants. The result is empty homes, reduced rental revenue, and higher costs for the planning of a new occupant unit (from painting to ads to commissions!). The proper way to deal with a disruptive tenant is to apply to Ontario Landlord and the Tenant Board. In the case of a noisy tenant, the appropriate boxes on the form are ticked on the grounds that the occupant greatly interferes with the fair enjoyment of the premises by other tenants, the landlord or the landlord’s employees. Note that certain dates need to be entered as well as specifics of the allegations. Notice that the law behind these criteria is technical, and often proves complex. It is worth studying the Residential Tenancies Act as well as the comments and brochures available on the Landlord and Tenant Board website. Failure to strictly comply with the legal specifications is likely to result in an outcome where you will have to start all over again. If the first N5 is served, the termination date must be at least 20 days from the date of service. If you hand over the N5 to the tenant or put it in their mailbox, the date of termination of the notice must be at least 20 days...

Posted by Eugen on Sep 16, 2020 in Blog | 0 comments

By Emergency Order of 20 March, the Government of Ontario postponed the execution of several provincial limitation periods and procedural time periods retroactive to 16 March due to the emergency of COVID-19. The Emergency Order was removed on 14 September 2020. Although the Government has already lifted the suspension on a variety of issues (Construction Act matters, Planning Act matters and Help Arrears Enforcement — see below for more details), Ontario’s restriction periods will begin on September 14, 2020. Limitation periods will start to run again on 14 September and at the same time follow the deadlines as they were on 16 March 2020. Suspensions of limitation time previously lifted Although the suspension will be lifted for most Ontario limitation periods on 14 September, the Government has previously lifted the suspension of other forms of limitation periods, including: – Construction Act matters: the restriction periods were suspended from 16 March 2020 to 16 April 2020. These restriction periods started to run again on 16 April, with the same deadline as on 16 March 2020. -For certain matters of the Planning Act: the Government has postponed all procedural time periods from 16 March to 22 June 2020. Regulation 278/20 ended the suspension of time on 22 June and sets out new time limits. – Drivers’ licence suspensions under the Family Responsibility and Support Arrears Compliance Act: On 5 June 2020 , the Government amended O. It’s Reg. 73/20 The revocation of a driver’s licence under the Family Responsibility and Support Arrears Compliance Act can be reinstated in order to enforce the payment of child or spousal support. The procedural deadlines were not all postponed, but some resumed on 14 September 2020. The provincial suspension of procedural time limits under the Emergency Order was subject to the control of the courts , tribunals and other decision-makers responsible for the proceedings. Courts and tribunals periodically inform the profession and the public on deadlines and major improvements in procedures (such as modern e-filing protocols). Legal representatives should not presume that the proceedings of the court or tribunal have been stopped and should review the notifications of the court or tribunal for guidance. Procedural...

Posted by admin on Sep 11, 2020 in Blog | 4,311 comments

Homeowners and Construction Liens If you are considering major renovation project or constructing your own custom dream home on your own property, the Construction Lien Act includes essential legal provisions that could apply to you. The aim of this article is to provide a brief introduction to some of those rules to a homeowner. What is a Lien and why it exists? The building industry is fundamentally unique in its vulnerability to the financial risks faced by those participating in the construction sector. These risks are distinctive to the construction industry since most building works are carried out by trades that do not have a direct contract with the land owner on which the work is being carried out and do not have any financial protection or payment guarantee. For example, if you employ a contractor to do a kitchen renovation, they can subcontract the cabinet construction and installation to a cabinetmaker who constructs and instals the cabinetry. Although the cabinetmaker supplies and installs the new materials in your home, which will eventually improve your home’s value, there isn’t a contract that says you have to pay them. If the contractor who hired the cabinetmaker is not payed by the homeowner, the contractor does not have the money to pay the cabinetmaker. The cabinetmaker would then not be able to pay its suppliers. Some of whom may not sue the homeowner directly without a contract. You can see the weakness of subtrades and suppliers on a building project from this example. It’s also described as a pyramid when trying to understand the flow of funds on a construction project. You, the homeowner, are atop the pyramid. Below the owner is the party (or parties) with whom the owner has a direct contract and is sometimes referred to as a general contractor or simply contractors. The contractor can then employ other contractors, these are called subcontractors, to complete the job. Often, a subcontractor may subcontract a portion of their work and these will become sub-subcontractors, and this will move down the line. When construction on a project continues, money normally flows down the pyramid and generally when work is finished,...