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Landlord and Tenant Board (LTB) vs. Small Claims Court (SCC): When Do Landlord/Tenant Disputes Go to Small Claims Court?

When Landlord Tenant Disputes Go Small Claims Court

When people hear about the Landlord and Tenant Board (LTB), the following words usually follow – eviction, maintenance, rent reduction, termination of tenancy, etc. All of which involves some form of dispute with the help of a paralegal. When it comes down to it, however, the main issue is always related to money. To give an idea on how many cases the LTB handles per year, just in 2019-2020 alone the tribunal has received 80,874 cases, and 72,064 of which have been resolved at the end of 2020.  In this statistic alone, half of these applications are rent-related tribulations. To be exact,...

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The Limitation Period: What Does It Mean and Why Should You File ASAP?

The Limitation Period Meaning File Asap

When you are dealing with a small claims court case or others like it, it is important you know everything you can about the limitation period. Investigative and true crime documentaries have had a prevalent presence in viewers’ ratings nowadays, and if you are into one you might have heard the term limitation period multiple times — usually when it already lapsed or during the most crucial time in the case when time is of the essence. The Limitation Period literally is “time of the essence”. Many rules and governing procedures are in place in commencing lawsuits in Ontario, but one of...

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CAN I GO TO PRISON FOR THEFT UNDER $5000 OR SHOPLIFTING?

Go Prison For Theft Under 5000 Shoplifting

The Christmas rush is approaching, and a lot of Canadians are going to be planning shopping expeditions to check off their gift list for their family and friends. With COVID measures starting to ease up, malls, retailers and shopping centers are starting to welcome shoppers again and with it come throngs of accidental or unintentional theft charges. We have all been there; shops usually have so many good deals and discounts over the holidays that leads shoppers to binge shop more. But as people delve into their shopping sprees and retail therapy sessions, some items are left forgotten in pockets or...

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Severance Pay and Employment Insurance (Ei): Can I Get Both after Losing My Job?

Severance Pay And Employment Insurance

The first question before asking if you qualify for both is how were you terminated by your employer. Is it termination with cause due to willful misconduct, or is it dismissal without cause due to company restructuring, cost cutting, lack of work, or poor work performance? Employment law and matters involving severance pay can be a tricky field to maneuver, but we here at Oracle Legal Services want to help. WITHOUT CAUSE It is important to note the kind of termination because it also answers the next question. Can I obtain Employment Insurance (EI) benefits and severance pay if I’m being let...

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EMPLOYMENT CONTRACT EFFECTIVITY: WHAT IF I GET TERMINATED BEFORE I EVEN START WORKING?

Employment Contract Effectivity

Most people think that an employment contract only starts on the first day of work. Of course, why shouldn’t it be? You technically start training, performing tasks, and doing all that your job entails on your first day at the job right? Did you know, however, that this is actually not the case at all? When a job is offered by your employer, and you accept that offer you are theoretically privy to an employment contract. This holds true whether it was presented through writing or through word of mouth. Employment laws in Canada states that “Absent an express contractual provision to...

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SEVERANCE PAY: ESA MINIMUM STANDARDS vs COMMON LAW

Severance Pay Esa Minimum Standards Vs Common Law

During the pandemic, a large number of people have lost their jobs due to economic regression and business closure. Hitting close to home, according to the Financial Accountability Officer (FAO) of Ontario, 355,000 jobs were lost in 2020 alone due to the pandemic. With the recent trend on unemployment, it is now more essential than ever for everyone to know what their rights are and further ask these questions about employment law, such as: What is the minimum severance if we were to be dismissed? And...

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Is It Time to Review My Employment Contract?

Review Employment Contract Toronto

If you have entered the workforce in your teenage years or after graduating College or University, you might have encountered an Employment contract with multiple pages of clauses and legal terms beyond your comprehension. And, just as most people usually do, you might have browsed through it, read the salary terms and vacation leave provisions and called it a day. To top it all off, it does not help that a human resource employee is right in front of you explaining the gist of your contract, while at the same time expecting you to read and sign within the day....

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Bill 184 Changes and Their Negative Effect on Tenants Part Three: Financial Impacts

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 3

When it comes to the interference with ‘reasonable enjoyment’, landlords have the ability to claim compensation.  Pursuing an eviction can easily be done by a landlord if a tenant decides to interfere with the reasonable enjoyment of the residential complex. This includes all of the other lawful rights, privileges or interests of the other tenants and landlord. In retaliation, tenants have the ability to raise a human rights-type of defense against an eviction of this sort if the behaviour is related to a disability, for example.    As well as following eviction for the reasons stated above, landlords are also now able to...

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Bill 184 Changes and Their Negative Effect on Tenants Part Two: Undermining the Ability to Seek Justice

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 2

The Impact of Alternative Dispute Processes If both the landlord and tenant eventually come to an agreement at the Landlord and Tenant Board, the case can continue to be resolved through an alternative dispute process instead of through a hearing or mediation. Adding onto the methods in which both parties can solve these matters has a positive impact, but it’s important before taking any drastic action that both landlord and tenant alike understand their legal rights. It’s important to know that there are certain protections for tenants that can only be given at hearings, and not accessible during mediation. We are...

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Bill 184 Changes and Their Negative Effect on Tenants

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 1

Part One: Taking Away Protections   What is Currently Going On? Tenants can often come to an agreement with their landlord to repay what they owe over an extended period if they have fallen behind on rent. The best way for this to work out is by creating a realistic agreement with a hearing or mediation from the Landlord and Tenant Board. On the other hand, putting together a payment agreement without the board and instead directly with the landlord is not only unadvised, but can also hold a number of negative consequences. This especially makes itself known with the changes in Bill...

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