On August 3, 2012 the Honourable Justice Matlow of the Ontario Superior Court of Justice (Divisional Court) called on the Government, the Landlord and Tenant Board and the Courts to address the growing practice of unscrupulous residential tenants to manipulate the law improperly, and often dishonestly, to enable them to remain in their rented premises for long periods of time without having to pay rent to their landlords.
It is this practice that imposes an unfair hardship on landlords and reflects badly on the civil justice system in Ontario.
Whereas section 210 of the Residential Tenancies Act, 2006 (the “RTA”) gives a tenant an automatic right to appeal decisions of the Landlord and Tenant Board to the Ontario Superior Court of Justice (Divisional Court) on questions of law.
And Whereas subsection 25(1) of the Statutory Powers Procedure Act and Rule 63 of the Rules of Civil Procedure provide that an appeal from a final order made under the RTA stays, until the disposition of the appeal, any provision of the order that requires the payment of money and/or that evicts a person.
And Whereas as a result of this statutory scheme, there is a growing practice among tenants of moving into rental units, not paying rent, and abusing the automatic right of appeal and accompanying stay to frustrate landlords’ legitimate efforts to evict them for non-payment of rent.
And Whereas, on August 3, 2012, the Honourable Justice Matlow of the Ontario Superior Court of Justice (Divisional Court) called on the government to make changes to the aforesaid statutory scheme
NOW THEREFORE WE the undersigned petition the Legislative Assembly of Ontario to: -
Amend section 210 of the RTA to require tenants to obtain leave of the Ontario Superior Court of Justice (Divisional Court) to appeal decisions made under the RTA that require the payment of rent and/or that evict a person for non-payment of rent.
The Change the Residential Tenancies Act petition to Legislative Assembly of Ontario was written by Landlord's Self-Help Centre and is in the category Law Reform at GoPetition.