Landlord and Tenant Board Appeals (LTB Appeals)

Landlord and Tenant Board Appeals (LTB Appeals)

Landlord and Tenant Board Appeals are handled by lawyers. The legal team at Orcus Law have the knowledge and skills to take care of LTB orders ensuring you get the desired outcome. For information, talk to us today.

Getting rid of a tenant that has appealed an LTB order

The quickest and most efficient way to remove a tenant that has appealed an LTB order is to proceed with a motion to overturn the appeal. A motion to overrule is used meagrely by the divisional court, and it can only be granted under the right circumstances.

Take a look back at the 2019 decision of Prebtani v Szabo where the landlord with success, which saw the divisional court overrule the tenant’s appeal by following it up with an established example that a motion to overrule should only be permitted where:

  •  The Notice of Appeal declines to raise a question of law
  •  The appeal made holds no meritocracy
  •  The appeal made is facetious and an abuse of the legal process

The correct approach in the motion to quash is to present evidence on a motion by revealing that the Notice of Appeal does not raise any mistake of law, but instead, raises questions of fact and law, which were already considered by the Landlord and Tenants Board (LTB). A straightforward statement mentioning that the tenant refuses to pay the rent is insufficient to overrule the appeal. The judge motioning the case will ideally rely on the LTB reasons to conclude if there may be an error of law, or will not find an error where the Landlord and Tenants Board will fairly exercise its judgement. An LTB appeal may be considered valid is where the tenant fails to abide by the obligations mentioned in the Residential Tenancies Act and other interrelated guidelines.

If the tenant needs to proceed with their appeal, the decision of the LTB member must be so extreme that their decision does not meet the expected domain of decision in the present circumstances.

When the tenant fails to pay rent and has not taken any steps to move forward with their appeal, the divisional court will find their appeal as an abuse of process to obtain the benefit of the automatic stay. However, if the tenant raises a valid issue addressing an error of law by the Landlord and Tenants Board, the court will not quash the motion to appeal, as it is fitting for hearing before the divisional court. In an instance like this, the landlord can still count on
Section 134(2) of the Court of Justice Act for a temporary order forcing the tenant to comply with the specified terms and conditions.

The conditions specified will often include ongoing rent payments and rental back payments, including the tenant to appeal within a specified timeframe. However, in previous instances, the court has noticed that for tenants that have a history of non-payment of rent, it is advisable to pass a temporary order for payment should not be made, and for the appeal to be overruled. Every case is different, the landlord needs to depend on established case law to accurately present its need to quash the tenant’s appeal.

Appealing an order

Appeals are made when one party believes that an error in law was made by the Landlord and Tenants Board (LTB). For instance, if the wrong law is applied to the case or if the LTB applies the law incorrectly, both of these situations would allow an appeal. However, the divisional court of the superior court of justice would take a look at the decision and can change it if required.

The landlord will have 30 days after the date of issue of the order to appeal a board decision. For the process to run smoothly, the landlord will need to work directly with the divisional court of the superior court of justice and mail a copy of the appeal documents to the LTB. It makes a significant difference having reputable landlord lawyers like Orcus Law on your side to get a favourable outcome.

If you are worried about the decision made in a case involving the landlord and tenant, it is a clever decision to amend, review and appeal the case. Bear in mind, there are cases in the past that the LTB has made inaccurate rulings.

It can be quite a challenge to structure your appeal into a rational argument. If you are not a legal professional, managing the paperwork alone can be frustrating. Additionally, even carefully curated LTB appeals may not rule in your favour. In situations like these, seeking legal assistance from professional lawyers at Orcus Law is a wise decision. You can rest assured; that they will create and present a sound case on your behalf making sure you get the
desired outcome.

Need help with your LTB appeal? Call Orcus Law today at 905-564-8889 to schedule a consultation.

All you need to know about civil litigation law

All you need to know about civil litigation law

There comes a time when you will not be able to settle an issue just with words. While none of us wants to take legal action, it’s just sometimes, you are left with no option. If you need to sue someone over a civil matter, or you are being sued by someone, Orcus Law LLP has the knowledge and skills to handle your case.

What is civil litigation?

Civil litigation refers to the process of settling a dispute in a court of law. It ideally involves a litigation issue that is not a criminal charge. It usually concerns matters that rise between two parties like a breach of contract, personal injury claim, matters relating to employment, and intellectual property disputes will all be hard in a civil court.

A civil litigation lawyer will not just argue cases in court, they will also draft documents, examinations for discovery, due diligence and much more. All the mentioned goes into building an effective court case.

Each province has its own legal system where the litigation will progress. The lowest court in many provinces is the provincial court, this is where most matters are heard. Keep in mind, a provincial court will not be able to hear complex trials like family law actions, claims in tort or a property. The more complex cases are heard in the superior court, however, they must go through the Court of Appeal in the said province. These hearings are not trials, and there are no witnesses or juries. A panel of three judges will hear arguments from both sides of the case, and then the Court of Appeal will decide either to uphold or overturn the decision of the lower court. Under specific circumstances, can you appeal the decision given by the Court of Appeal.

What laws govern civil litigation in the country?

Each province in the country will have rules that govern the court procedure at all levels. The lower courts, including the Courts of Appeal, are established by certain statutes within the province. The Supreme Court is established under by the Supreme Court Act, which is the highest court in the country.

Who work does a civil litigation lawyer deal in?

All litigation cases will involve drafting documents to send to the other side. Additionally, it will include a statement of claim, defence, as well as other procedural motions. Like all lawyers, a litigator will seek a favourable outcome for their clients. Here at Orcus Law LLP, our legal professionals are 100% committed to ethical advocacy. All our trials are conducted civilly and respectfully. Our lawyers are not out there to show themselves off, but to assist the
client to help get the outcome they deserve.

If you seek legal assistance in specific or complex areas of litigation like intellectual property or cases relating to negligence, our civil litigation law firm will be there for you. To schedule an initial consultation or for more details, please do not hesitate to get in touch with our team today.

When to hire an estate lawyer?

When to hire an estate lawyer?

Many assume that an estate lawyer is an individual that only drafts wills or power of attorney, or who is someone that helps the trustee with assistance in administering the estate after someone’s death. While they do the above-mentioned, it is much more than that. Additionally, they also represent the interests of the beneficiaries and make sure the estate is administered effectively.

An estate lawyer can assist either the spouse, child, or any other financial dependant in filing a claim against the estate if they have not been adequately provided for. Furthermore, they also help in resolving conflicts between family members and estate assets.

When is the right time to hire an estate lawyer?

If you want to make sure your last wishes are carried out as mentioned in the will, you need the services of an expert estate lawyer at Orcus Law LLP to help you come up with an estate plan. You can also visit a general practice lawyer, but by visiting a specialist like us, you are going to get a bespoke legal service that helps ensure you receive a favourable legal outcome. Additionally, an estate lawyer can offer to advise on who should be the will’s executor. It is a challenging job that requires diligence.

At our estate litigation law firm, we will create an estate plan on how to divide the assets fairly. Additionally, we will also advise on the probate process, including how to avoid and deal with the probate court.

Estate planning lawyers can also help to deal with issues like income tax, what to do with life and real estate insurance, as well as what to do if you are in a common-law relationship or a second marriage.

In regards, to the administration, an estate lawyer can guide the trustee through the entire process making sure they completely understand and fulfil their legal obligations. They can also help solve issues that arise from personal liability with third-party institutions, creditors and beneficiaries.

If the beneficiary is not happy with the outcome or is unable to get more information from the estate administrator, an estate litigation lawyer is someone you need, as they know estate law.

An estate trustee should seek the services of an estate litigation lawyer very early in the process. A common ground for litigation is whether there was any undue influence by some person so that they can financially benefit from the estate. This is one of the biggest reasons for challenging a will. Anybody can challenge a will, but when it comes to the courts, there are very specific and valid reasons for challenging a will.

The legal team at Orcus Law LLP have the knowledge and skills to help clients with matters concerning their estate. From challenging a will to assisting the trustees in the execution of the will, our estate litigation law firm has got you covered. For further information or to schedule an initial consultation with our estate litigation lawyers, please do not hesitate to give our team a call today.