Residential Landlord-Tenant Disputes: Essentials for Lawyers and Paralegals 2024

Jack Fleming, North Peel and Dufferin Community, Legal Services
Kristin Ley, Cohen Highley LLP

Jack Fleming, North Peel and Dufferin Community, Legal Services
Kristin Ley, Cohen Highley LLP

A comprehensive and practical refresher on cases and other developments from the past year. This essential update will cover:

• The Divisional Court’s analysis on restoring an evicted tenant to possession (Tataw v. Minto Apartment L.P.)
• The latest appellate decisions on adjournment requests (Wang v. Oloo and Telan v. Elm Place Inc.)
• The Divisional Court weighing in on the situation when a different adjudicator completes a case after the original one has left the LTB (Faruk v. The Landlord and Tenant Board)
• The LTB’s jurisdiction to add conditions to a consent eviction order (Michael v. Koehlet)
• Monetary jurisdiction of the LTB on L1 “pay and stay” orders
• Recent decisions of the LTB considering Airbnbs

Cathy Corsetti, Corsetti Paralegal
Yodit Edemariam, Director of Legal Services, Rexdale Community Legal Clinic
Jack Fleming, North Peel and Dufferin Community, Legal Services
Doug Levitt, Levitt Di Lella Duggan & Chaplick LLP

This highly anticipated annual panel will feature experienced practitioners from both sides squaring off on some key and very timely issues, including:

• Landlord’s own use evictions
• The details required for a notice of termination and the levels of particulars required for s. 82
• The best interests of the child in s. 83 arguments – whether the presence of children can trump other factors and prevent eviction
• The obligation of full and frank disclosure when the other party is not present
• Requests for advance disclosure
• Evictions for damage
• Joint tenancy terminations

Eli Fellman, Counsel, Tribunals Ontario

An experienced lawyer with Tribunals Ontario will examine the jurisdictional dilemma that can arise when determining whether to file your matter at the LTB or Superior Court.

Lesli Bisgould, Barrister, Clinic Resource Office, Legal Aid Ontario
Kristin Ley, Cohen Highley LLP

This session, focused on the practical, will walk you through each stages of an appeal. Emphasis will be placed on:

• Preliminary motions and interim remedies
• What to expect from a case conference
• Single judge vs. panel

Joe Hoffer, Cohen Highley LLP
Joe Myers, Lawyer/Director, Willowdale Community Legal Services

In this session, you’ll hear both perspectives on recent condo decisions that consider the RTA or have residential tenancies implications.

You’ll also hear about:

• What is better for landlords and worse for tenants: Condo or apartment status?
• Implications for tenants when renting a condo unit from the individual owner
• Family status cases, pet cases, costs awards, evictions orders, and damages
• “Co‑landlord’ implications: Corporation vs. unit owner obligations

Caryma Sa’d, Law Office of Caryma Sa’d
Lee Webb, Director of Client Services, Canadian Centre for Housing Rights

The interrelationship between The Human Rights Code and residential tenancies law is thoroughly examined in this session as you’ll hear a recap of all the human rights issues in housing from the past year.

Jack Fleming, North Peel and Dufferin Community Legal Services
Kristin Ley, Cohen Highley LLP

In this final session, you will analyze some of the key professional challenges confronting today’s residential tenancies law practitioner including the line between counselling and endorsing actions which are contrary to the RTA and advising a client on the likely outcomes of such actions. At what point does it cross the line into supporting a wrongful action?