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Notices of Termination

Notices of Termination

Posted by on Feb 24, 2017 in Blog | 0 comments

You are responsible for ensuring that your notice is correct and complete. If you do not complete the form properly, your notice may not be valid and you may have to start over Under To, fill in the name of the tenant to whom you want to give the notice. If there is more than one tenant living in the rental unit, fill in the names of all of the tenants. Where there is a subtenant or assignee, you should name these people in the notice. However, you do not need to name other occupants, such as children or guests of the tenant Under From, fill in your name. If there is more than one landlord, fill in the names of all of the landlords. Under Address of the Rental Unit, fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code. Do not forget to indicate if the unit is in the basement or on the main floor. The earliest date you can put in this field depends on the type of tenancy you have with your tenant. When you are counting the days, do not include the date you are giving the notice to the tenant. If you are faxing the notice, the notice is deemed to be given on the date imprinted on the fax. If you are sending the notice by courier, add one business day for delivery. If you are sending the notice by mail, add five days for delivery. For example When Don Roberts (the landlord) and Katie Oregon (the tenant) entered into their tenancy agreement, they agreed that rent would be paid on the first day of each month. Katie did not pay the rent on March 1st, as required, so Don decides to give her an N4 notice. Don is preparing the notice on March 3rd. If he decides to hand the notice to Katie in person on March 3rd, he can fill in March 17th as the termination date (14 days after March 3rd). But, if he intends to put the notice in the mail on March 3rd, he...

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Residential Tenancies Act Use of Landlord Notices compared to Tenant Applications

Residential Tenancies Act Use of Landlord Notices compared to Tenant Applications

Posted by on Jun 3, 2016 in Blog | 0 comments

Tenant applications at the Landlord and Tenant Board are pleaded by way of an application, while landlord applications are pleaded by way of a notice of termination, followed by an application. However, landlord’s applications don’t plead facts or law rather their purpose is administrative and provides the LTB with sufficient information so to set up a hearing date. Landlords must pay $175 to file their application.  With a few exceptions, facts and remedies are set out in the landlord’s notices of termination. If a landlord interferes with a tenant’s enjoyment, the tenant files a T2 application.  If they fail to maintain the unit or complex, the tenant files a T6.  If they retain or collect money illegally, the tenants files a T1.  And if they discontinue or reduce a facility or service, the tenant files a T3.  All the facts are set out on these tenant application, The use of notices to plead a landlord’s claim is without merit, except where the notice is voidable, such as the N5 notice of termination, and the always voidable N4 notice for rent arrears.  Except for these two notices, landlords should be drafting their pleadings as part of the L2 application process. For example, the tenant has committed an illegal act (N6 notice), seriously impaired safety (N7 notice), paid rent persistently late (N8 noitce), misrepresented income in social housing (N6 notice), or caused willful damage (N7 notice). None of these actions can be voided under the RTA.  Why does the LTB make landlords serve a notice first, which must contain all the facts, and only after the notice is served on the tenant, the landlord is allowed to file an application to get a hearing date.  The very nature of a notice suggests that it is a precursor to the recipient taking some action to cure or remedy a breach.  But as noted above, tenants cannot remediate (or correct) incidents in these notices. The Board regards a notice served by a landlord pleading facts very differently from a tenant’s application served by a tenant pleading facts.  The primary difference in approach is that the Rules permit an application filed by a tenant to...

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Wrongful Dismissal

Wrongful Dismissal

Posted by on May 9, 2016 in Blog | 0 comments

Wrongful dismissals constitute the bulk of employment law practice in Ontario. Wrongful dismissal or wrongful termination occurs when the employer terminates an employee in ways which are contradicting to legislation, but more often, they are contracting to the established common law practices. Employment Standards Act dictates the minimum requirements governing employment relations, but employers are often unaware that there are common law requirements as well. Beyond the legislation While the Employment Standards Act mandates one week of notice for termination per one year of service up to eight weeks of notice, or payment in lei of such notice, common law requirements differ greatly. The main idea behind common law requirements as compared to legislation mandates is that common law recognizes that employers are not obligated to hire indefinite term employees forever, but where dismissal occurs without cause, employees are entitled to a reasonable amount of time to secure other jobs, or payment in lieu of such time. This principal is clearly stated in Machtinger v. HOJ Industries Ltd., [1992] 1 SCR 986 In Canada, it has been established since at least 1936 that employment contracts for an indefinite period require the employer, absent express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause… The large contribution to wrongful termination was made by Bardal v. Globe and Mail Ltd. This 1960 case is still used today for what has commonly become known as the Bardal factors. Bardal factors can include the following; the character of their employment their length of service their age and the availability of similar employment, having regard to their experience, training, and qualifications Subsequent case law has also interpreted these factors to look at compensation, particular customs in specific industrie, and any special circumstances surrounding the employee’s hiring. The rationale is that more specialized employees, or those with an employer for a longer period of time, will likely have more difficulty finding comparable employment. This is calculated at approximately one month of notice per year of employment, up to 2 years maximum with most low-skill or non-professional vocations capped at 1 year. Wallace...

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Unjust Enrichment

Unjust Enrichment

Posted by on Apr 30, 2016 in Blog | 0 comments

Improper appropriation of money, labour or material coupled with an absence of a juristic reason for the exchange echo through the ages of legal conflict. The legal conundrum of unjust enrichment can be better understood in situations where benefit exchanges in the absence of reciprocation.  For example;’ Auto insurance pays out the claim after a vehicle is written off following a traffic accident. Auto insurance company sends a cheque for the value of the vehicle to the policy holder, thus completing contractual obligations as per insurance contract. The policy holder had an outstanding car loan with a bank. The policy holder, instead of paying the outstanding loan, cashed the cheque and purchased a new car for cash, leaving the balance of the loan unpaid. Insurance company wishes to exercise its rights to salvage and attempts to secure the title, but finds out that the policy holder has not cleared the title of the car by paying out the loan. The insurance company issues another cheque to secure the title of the car. The insurer now has the right to recover the additional cost from the insured. Unjust enrichment often occurs in home renovations and construction projects. For example; A home owner and a general contractor made an agreement to construct a patio, with base terms being material cost covered by home owner and $50 per hour for building work. The home owner is impressed by the work of the contractor and asks him to build a gazebo as well. Unfortunately, the home owner does not discuss the details of the new contract with the contractor, and when the work is finished, the costs are substantially higher due to increased cost of specialized labour. The homeowner refuses to pay the increased cost, believing that he should only pay as per terms of the previous agreement. The amount that is worth (quantum meirut) When there is no established contract on the value of the work, this becomes necessary to establish at law. In general, the courts avoid creating a contract where there isn’t one but at the same time, the courts will establish the fair price for something. For example, if...

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Sub-par work by contractors, a glance at law

Posted by on Apr 20, 2016 in Blog | 0 comments

A general contractor was hired to perform renovations. During the work, a defect in the work is discovered, a door that was designed as left opening was improperly installed as right opening. The contractor and homeowner agree that the issue is cosmetic and minor the homeowner approves continuation of the work without correction of the defect. Later, it is realized that the defect is more than cosmetic and is causing functional problems. The homeowner calls the contractor and requests correction of the defect. The contractor argues that the homeowner previously accepted the defect and thus the flaw is no longer the responsibility of the contractor. The homeowner hires another contractor to fix the defect. The homeowner sues the original contractor for the cost of hiring the subsequent contractor to correct the defect. General contractors and tradespersons are paid to build, assemble, install, fix or repair things and from time to time mistakes are made that are costly to correct if correctable at all, resulting in the need to recover loses, often through litigation. These types of cases are known as defective workmanship, subpar workmanship, below standard workmanships and are classified under contract and tort law. Issues in contract law allege a breach of an expressed or an implied term within the workmanship agreement, regardless of whether the agreement is verbal or in writing. When the agreement is in writing, it will typically set out that the work will be performed to a standard specific in the industry, however, if the contract is silent on the standards, there are standards within every industry that are practiced  by every person thoroughly familiar with the industry. When the industry standard is breached and results in losses, grounds for a negligence lawsuit under tort law are created. Breach of contract and negligence claims require a specialized legal approach as correctly framing the details of the breach and negligence scenario often results in the matter being settled out of court or pre-trial. Breach of industry standard versus defects Industry standard speaks for itself as no bonafide  tradesperson or contractor can argue against it, defects are different, they are highly subjective. What constitutes a defect varies...

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Enforcing an Eviction order from the Landlord Tenant Board

Posted by on Dec 10, 2015 in Blog | 0 comments

Enforcing an Eviction order from the Landlord Tenant Board After the Board grants an eviction, the eviction is not finalized until the possession of the rental unit is returned to the landlord. However, not all tenants willingly part with the rental unit, for those tenants who will not move out on their own by the ‘move out’ date indicated in the order, the Sheriff ensures the return of the rental unit to the landlord by any means necessary. Sheriff’s office; In Toronto, the Sheriff’s office is located at 393 University Avenue, 19th Floor. This is the place where originals of the eviction order are to be taken (no copies are accepted). Here’s the process: The eviction order will specify a day by which the tenant has to move out. Usually, this is either ten or fourteen days after the eviction hearing. If your tenant doesn’t move out by that day, you can file for eviction on the day after this date. For example, if the order says that the tenant must move out on or before April 15, you can file the eviction order with the sheriff on April 16. If April 16 is a weekend, you can file for eviction on the first business day after that day. When you file, fill out some paperwork describing what could be found in the rental unit, including children, pets, illicit substances, or weapons, so the Sheriff may determine the best way to proceed with the eviction. Pay the Sheriff’s fees. The fee varies depending on the rental unit location. In Toronto, it is generally in the neighbourhood of $330.00. The Sheriff will then schedule a time when you have to call the Sheriff’s office and find out when the actual eviction will take place. This will be in a week or two. Make sure you don’t miss that time, or the eviction could be delayed! The Sheriff’s office will notify the tenant once the eviction date is scheduled. On the day scheduled day of the eviction, you or your representative have to be at the rental unit when the Sheriff comes, together with someone who can change the locks. The Sheriff will: Knock on the door and ask the tenant to leave. If the...

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