TBH legal, Legal Matters...

Ontario Only

If you have clicked on this tab, you are probably thinking about suing someone, or you have received either a letter, or documentation from the courthouse letting you know you are being sued. Legal help is not a “one size fits all” type scenario. Keep reading to see if YOUR legal matter fits into the scope of what TBH legal has to offer.

Civil Litigation / Private Law

(aka “CIVIL LAW”)

Private law cases are disagreements between private persons or corporations (such as an employer and an employee, or two motorists involved in a car accident) that are usually concerned with the payment of money from one party to another. Civil law disputes relate to property, contracts, torts, licensing, non-contractual obligations, and similar matters.

Private law cases do not result in jail time or a criminal record, and the rules involved with solving these disputes are not as strict as those found in criminal law. The goal for a plaintiff (the person who is bringing the matter forward) in a civil matter is to prove their case on a “balance of probabilities” meaning that your matter seems to show that “it likely happened”.

TBH legal Rachel Merucci portrait at the courthouse

Small Claims Court

(aka “The People’s Court”)

Small Claims Court is known to be the accessible, less formal, civil-trial court that handles cases where the amount of money (damages) or value of the goods (recovery of personal property) involved is $35,000 or less.

TBH legal signing small claims court contract

The Small Claims Court is a branch of the Superior Court that is usually presided by “deputy judges”. Deputy judges are lawyers appointed by the Superior Court itself with the approval of the provincial Attorney General.

The Small Claims Court is often referred to as “the People’s Court” as it has a statutory mandate to “hear and determine in a summary way all questions of law and fact” and “may make such order as is considered just and agreeable to good conscience” (The Courts of Justice Act, s. 25). This means that the parties to Small Claims Court are entitled to have a matter resolved fairly and reasonably without undue delay (quickly), or without being hindered or prejudiced by complex, expensive, and time-consuming procedures. The simplified procedure is designed to be user-friendly for those who are self-representing or who are unsophisticated; while protecting the rights of the parties.

Why should you hire TBH legal to handle your Small Claims Court Matter?

Even though Small Claims Court is designed to be “user-friendly”, suing someone or being sued,  is a big undertaking that requires a ton of paperwork, deadlines, and rules to follow. If a step is missed, you could be at a disadvantage or you could lose.

When you hire TBH legal, although a successful outcome can never be guarenteed, you can be sure your matter will be taken care of  professionally, filed on time, and that your representative is competent every step of the way.

Give yourself the best chance for a successful outcome by retaining TBH legal to navigate your way through the Small Claims Court process.

Small Claims Court Processes

Part 1
  • Let’s talk. Getting the facts of the story
  • Demand letter(s)
  • Writing and Filing the Plaintiff’s Claim
  • Serving the Claim(s)
  • Noting the Defendant(s) in Default / Assessment Hearing
  • Offer to Settle
  • Preparing for Settlement Conference
  • Attending Settlement Conference (Client decides – Finish Line? or keep going?)
Part 2
  • Preparing for Trial
  • Preparing the evidence / witness(es)
  • Attending Trial
Part 1
  • Let’s talk. Getting the facts of the story
  • Responding to a demand letter and / or writing and filing a defence
  • Is a Counter Claim required?
  • Serving the Claim and / or the defence
  • Offer to settle
  • Preparing for Settlement Conference
  • Attending Settlement Conference (Client decides – Finish Line? or keep going?)
Part 2
  • Preparing for Trial
  • Preparing the evidence / witness(es)
  • Attending Trial

Cost for TBH legal Small Claims Court Matters

TBH legal offers a FIXED FLAT RATE for PART 1 Process, and a FIXED FLAT RATE for PART 1 and 2 (together) Processes. 
Contact TBH legal for a FREE 30-minute consultation.

What can TBH legal help you with?

What is typically seen in Small Claims Court

Tort Law

Tort law covers MOST of the claims that are filed in civil court. The idea behind tort law is to compensate a wrong which was done to a person, and award monetary damages (money) as compensation for that wrong.
  1. Duty: In order to have a Tort action, the person who committed a “wrong” (the “tortfeasor”) must owe another party a duty.
  2. Breach of Standard of Care: A tortfeasor breaches his / her duty (with respect to someone else’s person, property or reputation), owed to another, when their actions fall short of a standard of care.
  3. Causation of Harm: The breach of duty must be the “cause” of the harm suffered.
  4. Harm Suffered: Generally, though not always, the plaintiff must prove compensable (money) harm.
  • Intentional Torts: wrongs undertaken with the intent to do the act which causes harm
    (Five (5) Categories of Intentional Torts (see below))
  • Transferred Intent: where the defendant’s intentional act was directed at one party, but harmed a different party
  • Negligence: based on unintentional or careless conduct that creates a reasonably foreseeable risk of harm when a duty of care is owed to another and reasonable care is not used, causing injury or damages to another
  • Vicarious (negligent or tortious acts done within the scope of the agent’s authority or employment), Strict (imposed even though no negligence or intentional tort occurred), and Absolute Liability (imposed automatically when certain conditions are met, without reference to negligence or intent – usually under a statute)
  • Nuisance: based on conditions prevailing or activities carried out on land. (Usually between neighbours)
  1. Intentional injury to the person or to their reputation, causing harm to another.
    Examples: assault, battery, intentional infliction of mental suffering, false imprisonment, malicious prosecution, abuse of process, defamation, intrusion upon seclusion, internet harassment
  2. Intentional harm to chattels (property other than real estate ie: light fixtures, property contents, etc.)
    Examples: trespass to chattels, detinue, conversion
  3. a) Intentional interference with land, (aka “trespass to land”), is when a defendant or their object directly interferes with the plaintiff’s land without lawful reason.
    Examples: trespass, nuisance, a person entering the land of another without permission, erecting or throwing an object on someone’s land, or remaining on the plaintiff’s premises after the visitor’s right to be on the property has been revoked. Interference with land includes fishing in a private stream without permission, failing to move out after the lawful termination of a tenancy, or removing fence posts or an election sign from the plaintiff’s property.
    3. b) Intentional interference with airspace – A possessor of land is also considered to have possessory rights to a reasonable limit above and below his or her land. The possessor has rights to airspace above the land to such a height as is necessary for the ordinary use and enjoyment of the land. An intrusion above the land at a low level will likely be considered to be trespass of the possessor’s airspace.
    Examples: cross-arms of a power line extending over the plaintiff’s land, cranes swinging over the plaintiff’s land, billboards placed above the plaintiff’s land, or parts of a building overhanging the plaintiff’s property
  4. Intentional interference with rights or legal process
  5. Intentional harm to business interests
    Examples: fraud/deceit and fraudulent misrepresentation / deceit, intimidation, inducing breach of contract, slander of goods, slander of title, passing off

Contract Law

“Freedom of Contract” is the fundamental policy of contract law. This means we are to respect the right of the individual parties to define their own contractual relationships.

  1. The offer itself (does it make sense?);

  2. Mutual consideration (did both parties get something out of the agreement?); and

  3. Communicated acceptance (were they both aware that the offer was accepted?)

When the parties agree on the terms of a contract, this is often referred to as a “meeting of the minds”, which is the Latin expression consensus ad idem. When there has been a “meeting of the minds”, from that point forward, the law of contracts serves to protect the reasonable expectations of the parties based on the agreement that was made.

A contract is a legally enforceable agreement between two or more parties. Contracts can be made orally or in writing, or a little of each, signed or unsigned, and will be considered valid.  As long as the essential elements to the contract are present, oral contracts are just as enforceable as written contracts.
NOTE: Contracts that have not been reduced to writing may be more difficult to prove if a dispute occurs.

  • Uncertainty: Contract terms may be so vague or uncertain that they cannot be easily understood. In such cases, if the vagueness or uncertainty is sufficient to prevent a finding that the essential terms were agreed upon, the contract is of no force or effect.

  • Legislation, public policy

  • Unconscionability: taking advantage of someone who is unequal in bargaining power in order to create the contract. ie: elderly or someone with a disability.

  • Penalty clause / liquidated damages clause: Monetary penalty amount imposed must not be in far excess of the actual damages or it may not be enforced by courts.

  • Duress: an unlawful threat used by one person to induce another to perform some act against their will.

  • Undue influence: persuasion, pressure or influence in order to take advantage of someone for your benefit.

  • Exclusionary clauses: (aka: exemption clauses) must be given before the contract is entered into and efforts to draw attention to the clause.

  • Mistake(s): if the parties are mistaken over something essential to the contract the contract may be void or voidable, or subject to rescission or rectification.

  • Capacity:
       – Minors: Contracts with minors are generally non-enforceable unless the contract is for “necessaries of life”. Employment contracts with minors must benefit the minor.
       – Drunkenness: An intoxicated party may void a contract on the basis of their own intoxication when: 1) they didn’t know what they were doing, 2) the other party was “sober” and aware that the other party was intoxicated, 3) the intoxicated party when sober promptly moved to repudiate the contract.
       – Mental Illness: the individual must be unable to manage their own affairs or unable to appreciate the nature and consequences of their actions.

  • Negligent and fraudulent misrepresentation
  • Frustration of contract: Circumstances that have made the contract impossible to complete or not completed in a way that was originally agreed, and this “frustration” could not have been prevented. ie: fire, flood, covid-19 closures.
  • Novation: the termination of an old contract and the substitution of a new contract where a third party replaces one of the parties. There are requirements for a novation to take place and if they are not met, the contract cannot be enforced.

A breach of contract is when one party to a contract fails to fulfill or refuses to fulfill their obligations under the contract without a legal excuse. The method and the nature / seriousness of the breach of contract will determine what remedies are available to the injured party.

If your contract was breached – contact TBH legal to see what you are entitled to!

TBH legal employment mediation employee

Employment Law

The relationship between an employer and employee is a type of contractual relationship. The legal foundation of the employment relationship is the employment contract.

Courts recognize that employment contracts have many characteristics that set them apart from ordinary commercial contracts. Because there is typically an imbalance of power existing between the parties, the terms of the employment contract are rarely in favour of the employee. Courts describe employees as a vulnerable group, particularly when an employer uses their status and power to change a person’s employment conditions.

  • Common Law implied obligations: obedience, attendance, and competence, duty of good faith (duty of confidentiality) and fidelity (duty not to compete), duty not to take secret profits or commissions
  • Duty to provide notice of resignation
  • Fiduciary employees (aka “key employees”, executive, or very senior level managers) must: avoid all conflicts of interest; act only in the employer’s best interests; and not profit as a result of their position.
  • Common Law implied obligations: Duty to provide work and pay for work done. Duty to provide a safe work environment, Duty to provide notice of termination, duty of good faith and honest performance
  • Statutory (by “Law”) Obligations:
    1. The Employment Standards Act, 2000 (ESA) establishes minimum employment standards for most unionized and non-unionized employees working in Ontario, including standards with respect to:
      • payment of wages;
      • hours of work and eating periods;
      • written policy on disconnecting from work;
      • overtime pay;
      • minimum wage;
      • public holidays;
      • vacation with pay;
      • equal pay for equal work;
      • leaves of absence;
      • termination and severance of employment; and
      • non-compete agreements.
      • Certain types of employees (such as persons holding political, judicial, religious, or elected trade-union offices) are excluded from the ESA’s provisions (s. 3). Also, the ESA’s regulations withhold some standards from employees in prescribed circumstances. For example, Termination and Severance of Employment, O. Reg. 288/01, made under the ESA, excludes the following categories of employees from the ESA’s notice, termination pay, and/or severance pay provisions:
      • employees hired on fixed-term contracts;
      • construction employees;
      • employees on temporary lay-off; and
      • employees terminated for “wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer” (Termination and Severance of Employment, ss. 2(1) and 9(1)).
      • The ESA does not apply to employers and employees in the province who fall under federal jurisdiction, such as those in the banking, interprovincial trucking, and radio and television sectors. Employment standards in these industries are governed by Part III of the Canada Labour Code (CLC) and are similar to those in the ESA.
      • Under both statutes, parties cannot contract out of an employment standard except to provide a greater or more favourable benefit to the employee (ESA, s. 5; CLC, s. 168(1)). Also, the courts consider both these statutes to being “benefits-conferring legislation.” Which means that if there is any doubt as to whom the outcome should be favoured by statute, then the situation will be resolved in favour of the claimant.
    2. Human Rights Code – Employers in Ontario have obligations under the Human Rights Code (Code) to protect employees against employment-related discrimination and harassment “because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability” (ss. 5(1)–(2)). Federally regulated employers operating in the province have similar obligations under the Canadian Human Rights Act (CHRA).
    3. Ontario’s Occupational Health and Safety Act (OHSA) addresses the prevention of injury and disease in the workplace. Based on the concept of shared “internal responsibility,” the legislation makes the workplace parties primarily responsible for workplace health and safety issues. Therefore, employers have the duty to provide a safe workplace, and employees have the duty to take reasonable care in the workplace to protect their health and safety and those of coworkers. Employers must provide employees with information on known workplace hazards, and employees must report to the employer any hazard of which they become aware. The OHSA requires representatives and joint committees to monitor the workplace, and guarantees employees the right to refuse unsafe work. Federally regulated employers and employees have similar duties under Part II of the CLC.
    4. The Pay Equity Act introduces a new proactive pay equity regime for federally regulated workplaces with 10 or more employees. Under this regime, employers have to proactively examine their compensation practices. This is to ensure that they are providing equal pay to men and women doing work of equal value.
    5. Workplace Safety and Insurance Act, 1997 The purpose of the WSIA is to accomplish the following in a financially responsible and accountable manner:
      1. To promote health and safety in workplaces and to prevent and reduce the occurrence of workplace injuries and occupational diseases;
      2. To facilitate the recovery and return to work of workers who sustain personal injury arising out of and in the course of employment or who suffer from an occupational disease;
      3. To facilitate re-employment into the general labour market for injured workers;
      4. To provide compensation and other benefits to workers and to the survivors of deceased workers.
  • Dismissal without cause: Reasonable Notice, ESA notice and severance, Notice agreed to by the parties, probationary and fixed-term employment. In Ontario, an Employer can terminate / let go an employee at ANY time as long as they give the employee reasonable notice. If reasonable “notice” is not given to the employee, then the employee is considered “Wrongfully Dismissed”.
  • Dismissal for cause: Just cause for dismissal, duty to warn, condonation, ESA notice and severance. When an employee’s conduct is SO wrong, and SO severe, the employee would not be entitled to terminaton pay, among other things. NOTE: It is often difficult for an employer to prove just cause for termination was in fact warranted.
  • Constructive Dismissal – When an employer:
    (a) unilaterally makes a change to an express or implied term of the employment contract that a reasonable person in the shoes of the employee would view as substantially altering an essential term of the contract (ie: compensation (salary, benefits, or bonus), job responsibilities, reporting functions within the company hierarchy, working conditions, hours of work, the term of employment, or the employee’s location of work.)
    (b) acts in a way that would lead a reasonable person to conclude that the employer no longer intends to be bound by the contract. The employer commits a repudiation of the contract, for example, by a series of actions that cumulatively makes the employee’s position intolerable. These actions entitle the employee, within a reasonable time frame, to consider him or herself constructively dismissed, and to claim damages in lieu of reasonable notice.
  • Resignation or abandonment of employment: An employer claiming that an employee resigned from his or her employment must provide proof that the resignation was “clear and unequivocal” using evidence of the employee’s statements or actions.

 

A FEW THINGS TO NOTE

  • An employee who gives their employer an ultimatum such as, “it’s either him or me,” may be treated as having resigned.
  • An employee may change their mind from a resignation as long as the employer has not already moved forward relying on the resignation’s validity.
  • If an employee is coerced or pressured to resign by the employer, this is an involuntary resignation which is not effective and therefore considered to be a dismissal.

In Ontario, an Employer can terminate / let go an employee at ANY time as long as they give the employee reasonable notice. If reasonable “notice” is not given to the employee, then the employee is considered “Wrongfully Dismissed”.

Notice can be “working notice”, meaning that you will continue to work until your termination date. Notice can also be “severance in lieu of working notice”.  This is either a continuation of your salary for a set amount of time, or a lump sum payment known as “termination pay”.

There are minimum requirements that employers must meet as per the Employment Standards Act (ESA), but these requirements are just that… MINIMUMS. BEFORE YOU SIGN ANYTHING, contact TBH legal for an assessment of your situation and to determine if you are entitled to more than what you were offered. (which is usually the case!) DO NOT FEEL PRESSURED TO SIGN, no matter the deadline given, you are entitled to two (2) years from your termination date to decide how you would like to respond to your severance offer. Talk to TBH legal FIRST.

  • Employee Status: What makes the difference between an “employee” and an “independent contractor”. Many people are MISCLASSIFIED as an Independant Contractor, when they are really employees who are entitled to full benefits and compensation as perscribed within the Employment Standards Act, 2000. Simply calling yourself an independent contractor doesn’t make you one. It is necessary to carefully review the characteristics of the employment relationship in order to determine the correct status of the individual – you may be entited to more than you think!

  • Employment Frustration: Frustration of Contract can be brought by either the employee or the employer. It is when an employee is suffering from long-term illness and is unable to return to work. The employer would be required to pay the employee as if they were terminated from employment in accordance to the Employment Standards Act, 2000.

  • Human Rights: Have you encountered harassment or discrimination in the workplace? You could be eligible to claim damages. Human rights violations as prescribed within the Human Rights Code include discrimination at work involving: age; citizenship; ethnic or place of origin; family status (includes special needs due to child care concerns); marital status (including single status); disability (includes Covid-19); ancestry, colour, race; creed or religion;  gender identity, gender expression; record of offences; sex (including pregnancy and breastfeeding); and sexual orientation

Maybe a legal letter, written on your behalf is all you need?

(aka “Demand letter”)
First we will review the law and case law regarding your matter, in order to determine the form and content of the notice. The notice will be clear and specific, setting out the nature of the complaint, the claims being asserted, and the intention to bring an action.
Some examples of "Demand Letter" types include:

Repayment of Monies Owed

Unpaid loans, outstanding invoices, credit card balances, etc.

Accidental Damage to Property

Causes such as water escape, falling trees, vehicle impact, etc.

Vehicle Warranty Coverage

Sale of vehicles unfit for purpose, poor work by mechanics, etc.

Faulty Work By Contractors

Roofers, landscapers, electricians, other renovation services, etc.

Breached Real Estate Sale

Failure to finalize deal on closing date, removal of fixtures, etc.

Personal Rights Issues

Nuisance, trespass, breach of privacy, defamation, etc.

Cost for TBH legal Demand Letters with contact representation

$300.00 per letter / written notice.

NOTE: Courier/mailing fee(s) may be required. Courier/mailing fee(s) is at the expense of the TBH legal client and not included in the TBH legal $300.00 fee.

Human Rights Tribunal of Ontario

(aka "Discrimination Based Tribunal")

In Ontario, the Human Rights Tribunal of Ontario (HRTO) is created by and derives its powers from the Ontario Human Rights Code (Code). The federal government created the Canadian Human Rights Tribunal (CHRT) under the Canadian Human Rights Act (Act).

Canadian & British flag

Human rights legislation protects against discrimination only in specific circumstances

  1. First, legislation prevents discrimination in key areas of social interaction, or “social areas.” These include services, employment, accommodation (housing), contracts, and vocational associations (e.g., unions).
    Only those matters falling within an enumerated social area are protected. For example, legislation protects against discrimination in employment, but if you go to a party it does not necessarily prohibit discrimination there.
  2. Second, human rights legislation prohibits discrimination based only on “prohibited grounds”. Prohibited grounds include, for example, race, creed, gender, gender expression, age, and place of origin (Code, ss. 1–7; Act, s. 3). The prohibited grounds listed in the legislation are exhaustive; that is, there is no protection for differential treatment based on other grounds, unless the omission of the particular ground is found to breach the Canadian Charter of Rights and Freedoms (Charter).

In summary, based on their enabling statutes (law), human rights tribunals have jurisdiction (decision making powers) only over claims that (a) fall within an enumerated social area and (b) are based on a prohibited ground. They DO NOT have any “general power” to fix “perceived” unfairness or injustice in other circumstances.

Human rights legislation does not define “discrimination.” The most frequently cited definition of “discrimination” is from the Supreme Court of Canada’s decision in Andrews v. Law Society of British Columbia (Andrews):

… [D]iscrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.

3 Key Issues:

  1. Discrimination necessarily involves some sort of distinct or differential treatment. It involves determining whether a person or group has been disadvantaged compared to another person or group. Not all differences in treatment will amount to discrimination.
  2. The Canadian approach to discrimination is based on “substantive equality,” which identifies that treating people the same way does not necessarily achieve equality and that, in some circumstances, it is necessary to treat people differently in order for them to be equal.
  3. The applicant must show that the differential treatment is related to a prohibited ground. The prohibited ground does not need to be the sole basis for the differential treatment. It is enough to show that a prohibited ground was a factor in how the applicant was treated.

NOTE: In addition to protections against discrimination, the Human Rights Code also includes provisions for protection against “reprisal” for seeking the protections provided for by the Human Rights Code. This reprisal protection means people are free to bring complaints to the Human Rights Tribunal of Ontario without being afraid of the reprocussion for doing so.

Human rights legislation sets out a number of circumstances where differential treatment based on a prohibited ground does not amount to discrimination. For a complete list of the statutory exceptions visit https://www.ohrc.on.ca/en/policy-scholarships-and-awards/exceptions

The Human Rights Code in Ontario operates under a “direct-access model” which means that parties are to file human rights applications directly with the Human Rights Tribunal of Ontario (HRTO). The HRTO is responsible for processing, mediation, and adjudication of every application filed.

  1. In Ontario, applications under the Human Rights Code must be filed for a single individual, not a group application. However, if there are common issues of fact or law, parties can request to have their matters consolidated and heard together (Human Rights Tribunal of Ontario Rules of Procedure (HRTO Rules), r. 1.7(d)).
  2. Applications can name more than one respondent. If the respondent is an organization, it is usually not necessary to name as additional respondents any individuals who were acting in the regular course of their employment or duties.
  3. Under the Human Rights Code, applications must be filed within one year of the incident or series of incidents complained of (Code, s. 34).
  4. The respondent may file a written response not later than 35 days after a copy of the application is sent to the respondent by the Tribunal (HRTO Rules, r. 8.1), and the applicant may file a reply within 21 days (r. 9.3).
  5. The HRTO will review the application to determine if it is complete and if it falls within the HRTO’s jurisdiction. If it appears that the HRTO does not have jurisdiction, the HRTO shall issue a Notice of Intention to Dismiss the Application requiring the applicant to file written submissions within 30 days (r. 13.2). At this early stage, the HRTO will dismiss an application only if it is “plain and obvious” that it falls outside the HRTO’s jurisdiction.
  6. If the claim was also made elsewhere (ie: some other court), the HRTO will generally do one of two things: (1) if the other matter is ongoing, the HRTO will usually wait until the other matter is concluded; and (2) at the conclusion of the other proceeding, the HRTO will consider if the other proceeding already appropriately dealt with the issues raised in the application and, if so, will usually dismiss the application (Code, s. 45.1). All parties are given an opportunity to make submissions on deferral or dismissal before the HRTO renders a decision.
  7. Mediation is encouraged by the HRTO. Mediations are voluntary, facilitated by a member of the HRTO, and are generally scheduled early in the process. If the parties do not agree to mediation or mediation does not resolve the matter, the HRTO then holds a hearing to decide the application. NOTE: At the outset of a full hearing, the HRTO generally offers parties a further opportunity to resolve the dispute, this time by way of a mediation-adjudication. At the HRTO, mediation-adjudication may be offered in any case, including where parties are represented by a paralegal or are unrepresented. Parties may agree to settle a matter at any point in the process.

The HRTO conducts three types of hearings:

Preliminary hearings

These hearings can be conducted orally (often by telephone conference) or in writing. Typically, preliminary hearings address preliminary issues such as whether the application was filed within the limitation period, whether it should be dismissed because another proceeding has appropriately dealt with the issues it raises, and whether the application should be dismissed for abuse of process (e.g., because the parties have signed a settlement agreement and release).

Full hearings

Both parties have an opportunity to present evidence and make arguments, and the HRTO will apply the test for discrimination.

Summary hearings

If it appears that the application may have no reasonable prospect of success, the HRTO may hold a summary hearing on the question of whether the application should be dismissed (r. 19.1A). A party may request a summary hearing or the HRTO may proceed on its own initiative and this decision can happen at any stage of the proceeding. If a summary hearing is ordered, the HRTO will invite the parties to make submissions about whether the application, in whole or in part, has a reasonable prospect of success. (response must be delivered and filed within 14 days of delivery of the request for summary hearing (r. 19.4A)). If the HRTO concludes that the application has a reasonable prospect of success, the application will continue in the HRTO’s process which may include a full hearing on the merits. The HRTO will dismiss the application if it concludes that there is no reasonable prospect of success.

Have you been discriminated against?

If you have been discriminated against, TBH legal can submit an application and represent you in a claim within the Human Rights Tribunal of Ontario. Contact TBH legal for a free 30 minute consultation

Residential Landlord Services for Rooming Houses

(aka “A Situation of Close Contact")

Rooming houses are becoming more and more common as a way for households to make an extra income by renting vacant bedrooms in their homes to single individuals (Boarders) for a fee.

A “Rooming House” is where the owner resides and shares quarters, such as the kitchen and bathroom, with the other tenants. This type of tenancy is fully exempt from the Residential Tenancies Act, 2006 (RTA) as stated under section 5 (i).

Section 5:  This Act does not apply with respect to,

(i)  living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;

The eviction of a “boarder” in a situation of close contact only requires that the owner give the boarder a letter telling the boarder to move out of the premises by a certain date and time. There are no requirements or mandates as to how much “notice” is to be given.

If the boarder does not leave in response to the letter given, the owner can contact police to assist in the eviction as the boarder, after the eviction date given, will become a trespasser who has no right to remain in the room after the date specified in the owner’s notice.

If you are a landlord to tenants of a “Rooming House”, and you wish to terminate the contract, TBH legal can represent you. TBH legal will write an official notice letter on your behalf, to be used as a “Notice to Move Out / Terminate the Tenancy” notification.

TBH legal will also serve as a point of contact between you and your tenant during the period of time between “serving the notice” and “vacating the premises”.

NOTE: Should police services be required for eviction, the landlord will be responsible for contacting and cooperating with the police during the eviction process. TBH legal will not coordinate police services on behalf of the landlord

TBH legal residential landlord services - bedroom door with key

Cost for TBH legal Rooming House Eviction Notices with contact representation

$300.00 per tenant / written notice.

NOTE: Courier/mailing fee(s) may be required. Courier/mailing fee(s) is at the expense of the landlord/evictor and not included in the TBH legal $300.00 fee.