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Noisy tenants and Ontario landlord tenant law.

Noisy tenants and Ontario landlord tenant law.

Posted by on Sep 17, 2020 in Blog | 0 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...

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Lifting of limitations commencing September 14, 2020

Lifting of limitations commencing September 14, 2020

Posted by 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...

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Homeowners and Construction Liens

Posted by on Sep 11, 2020 in Blog | 0 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,...

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Major changes in law and policy due to Covid-19 and their effect on Ontario

Posted by on May 23, 2020 in Blog | 0 comments

Major changes in law and policy due to Covid-19 and their effect on Ontario. Businesses of every scale and category, litigants, landlords, tenants, and the unsuspecting members of the general public are amongst those most effected by restrictions of Covid-19 in Ontario. What is available for those running a business and not qualifying for the forgivable federal loan programs? On April 24, the Canadian Federal government announced its allocating federal funds to incentivize commercial property owners to reduce the cost of rent by 75 percent.   What is available for tenants who lost work due to Covid- 19 and are unable to pay their rent? Canada Emergency Relief program (CERB) has been extended and covers an unprecedented spectrum of workers, including independent contractors, gig workers and the self employed. Applications are available through Service Canada and Canada Revenue Agency websites. Applying through Service Canada does not have the same requirements for reporting as the applications made through CRA website. Evictions are postponed for the time being and eviction orders are not being made. Tenants can still receive Notices to Terminate Tenancy from their landlords and face eviction once operations resume. Tenants are encouraged to speak to their landlords and keep a record of any understandings reached with their landlord.   Do landlords have to attend to maintenance issues during Covid-19 restrictions? Landlords have to maintain the rental unit in a state of good repair during Covid-19, exemptions may apply. All maintenance work is subject to 24 hour notice of entry to the tenant, except in cases of emergency. Coordinating efforts are expected to ensure appropriate distancing is observed.   What to do if confronted by law enforcement in a suspected violation? Offer to voluntarily observe distancing and any other emergency measures where confrontation is in progress. Where a fine or a summons has been issued, the courts are presently not hearing pleas or arguments.     What to do if court services are required? At the present time, courts are operating in a strictly limited capacity. Only emergency matters are attended to. Any matters approaching limitation can be filed online to preserve the...

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Digital consumer protection

Digital consumer protection

Posted by on Jun 22, 2017 in Blog | 0 comments

As Lemon Law Paralegals, we are contacted by consumers wanting to know if they can get their money back for ineffective, overpriced services they get pressured into, and sometimes digital advertising is in the mix. Below are a few scenarios that callers want us to deal with; We were promised first page rankings In reality, the field of digital advertisement is very new (relatively speaking) and even experts struggle with keeping up to date and understanding it. However, when you rely on the guarantee to enter into your contract, it is a representation of the provider’s ability and it should not be forgotten when thousands of dollars have been spent with little to no substantive back up. We were shown progress reports but they do not reflect our account Aside from making sure your phone line is in working order, make sure that your provider can clearly explain the discrepancy between your experience and their reports. Do not let their traffic reports be the only thing you are discussing, ask another company for help, usually a website or a link analysis is free of charge. we are charged monthly but the amount of listings in our category grows exponentially This is selling without ethics. The company is just trying to cram as many listings as they can in their directory. This devalues your listing and should be addressed by the company accordingly. As digital advertisement is relatively new, it is always important to remember ‘buyer be ware’ However, the technical nature of this industry leaves many too far behind to be able to make a meaningful conclusion, and providers of digital advertisement are well aware of that. However, in any consumer transaction, remember, there are statutes and case law that governs seller conduct. For better comprehension of your rights as a consumer of digital marketing, dont hesitate to contact a lawyer or a paralegal involved in civil litigation. If you have your own experience with digital marketing misrepresentation, we would like to hear about...

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Lemon Law

Lemon Law

Posted by on Jun 17, 2017 in Blog | 0 comments

As Lemon Law Paralegals, we are constantly called about car problems. Defective cars are always in the mix and sometimes the calls involve auto repairs. That is, people want to know what they can do when they have been wronged by an auto mechanic. Here are some common issues that callers want us to deal with: Charging for unnecessary repairs. It is as bad as it sounds. First, the ‘diagnose’, then the ‘repair’ then, surprise, surprise- the problem is still there. Then the ‘re-diagnose’ as a different problem and another repair. Things get vicious when the original defect is repaired and the customer is left with the bill for all of the repairs. In these instances, not only can you file a lawsuit but it is borderline criminal. Misdiagnosing Sometimes to pad their bills, mechanics tell customers non-defective parts need to be replaced. Your brakes need to be resurfaced? They’ll tell you to get them replaced. Other parts on the car can be repaired? They’ll suggest replacement. Like unnecessary repairs, unneeded parts being sold to you is lawsuit worthy and borderline criminal. Joyriding This goes on more often than you want to know. We represent clients whose cars were destroyed by repair shop joyriders after work had been performed. Does every mechanic joyride the car after a repair? No. But this is one of the things we are really learning more about with the popularization of dash cameras. However, in instances where there is no damage done to the car, there will not be compensation for it. Overcharging for parts or labor. Most shops have a simple markup on parts. They buy them wholesale, mark them up and sell them to you with the job, not many know what an actual part should cost. Can a shop legally charge you more for a water pump than you could buy it for on Amazon? Of course. But, if you are charged $500 for a part that retails for $100, you’ve been had. As for labour, there are time and parts guides which describe how long a repair ought to take, by a competent mechanic. If the operation should take an...

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