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Landlord Tenant Board backlog: Why Ontarians are waiting months for resolutions

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Major backlogs at Ontario's Landlord Tenant Board, due in part to the COVID-19 pandemic, is forcing people to wait months, even years for a hearing, drawing out disputes between property owners and renters.

"It's been a very difficult time for landlords or tenants, whoever needs the board to make a decision for them or to adjudicate a dispute," landlord and tenant lawyer Michael Thiele told CTV's Your Morning on Friday.

Thiele says landlords and tenant are having to wait for "an indefinite period of time" to have their case heard by the board.

"They can't plan, they're losing income, they're left in limbo, and it's a really difficult time to be a landlord or a tenant," he said.

For landlords, Thiele said the number one application they bring to the board tenant termination for non-payment of rent, something he says property owners rely on to keep their buildings running.

"Tenants are in the same position if they are suffering something as a result of a landlord in breach of their obligations, they too cannot get any kind of adjudication in a timely way," he said.

In the early days of the pandemic, between March and July 2020, Ontario imposed a moratorium on evictions. The Landlord Tenant Board, which is a tribunal that provides resolution for rental disputes, did not hear any cases that were not considered urgent during this period.

Thiele said one of the main issues is that hearings are still taking place over video conferencing platform Zoom, which he says renders communication between the parties nonexistent. He added that Zoom is "predicated on people wanting things to work, and that's not this process."

Thiele explained that one side, whether that's the tenant or the landlord, usually does not want to be at the hearing and will show that they have no interest in facilitating the adjudication process when held virtually. Some examples, he said, include intentionally leaving the video function off or claiming to be unable to hear the other party, as well as claiming that the unmute button does not work.

In addition, he said the backlog in getting a hearing with Ontario's Landlord and Tenant Board has also delayed the process of getting a decision following a case being heard.

"The problem is, you do all the paperwork, you do exactly what the system is requesting you to do, and you end up waiting an interminable amount of time to get that hearing. Then, even when you do get the hearing, and you have it, you don't get a decision," Thiele said.

The it will allocate $19 million over three years to help reduce the long-standing backlogs at the provincial Landlord and Tenant Board, with the funds earmarked for the tribunal to increase staff resources and improve technology.

To speed up the backlog, Thiele suggests making virtual hearings optional and have the board increase its staffing so it can hear more cases in-person.

Watch the full video with CTV’s Your Morning at the top of this article for more from Thiele on what options landlords and tenants in Ontario have.

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