Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The Government of Canada made many temporary changes to the Employment Insurance (EI) program because of the COVID-19 pandemic. The last of these changes ended on September 24, 2022. For more information, check out the October issue of ON THE RADAR!
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
In July, the Ontario government made big changes to the leave program created because of COVID-19. For more information, check out the August issue of ON THE RADAR!
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
Over the past few years, the provincial and federal governments have created financial benefits to help people affected by COVID-19. Some of these benefits are still available but are due to end later this year.
Click HERE for more information in this month’s issue of ON THE RADAR.
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
In late 2021, the federal government introduced the Canada Worker Lockdown Benefit (CWLB). Workers in Ontario could get the CWLB starting on December 19, 2021, when Ontario was confirmed as a lockdown region.
In this month’s On the Radar, CLEO provides more information on this new benefit. Learn more at: https://mailchi.mp/cleo.on.ca/on-the-radar-new-benefit-for-workers-when-theres-a-covid-19-lockdown.
his post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
Many tenants will see their rent go up in 2022 for the first time since 2020. This is because, in most cases, the government of Ontario didn’t allow any rent increases in 2021. For tenants not covered by the rent increase rules of the Residential Tenancies Act (RTA), the increase could be a lot.
This issue of On The Radar looks at the rules in the RTA most landlords must follow if they want to increase rents in 2022.
Learn more at: https://mailchi.mp/cleo.on.ca/on-the-radar-special-covid-19-rules-about-rent-increases-end-december-31?e=63ebc9e633
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The fast pace of change to housing laws and processes at the Landlord and Tenant Board (LTB) continues into 2021. This month’s On the Radar looks at 3 noteworthy changes:
On January 13, 2021, the Ontario government made an order stopping the Sheriff’s office from evicting most tenants during the second COVID-19 state of emergency.
This “eviction freeze” was lifted gradually across the province, beginning with 3 eastern public health units on February 10, 2021. The last of the eviction freezes ended on March 8, 2021, in Toronto, Peel, and the North Bay-Parry Sound area.
This means that the regular eviction process is back in place. For most tenants, the eviction process follows these 5 steps:
Steps to Justice has more information about the eviction process.
In mid-March, the LTB started using Zoom for some online hearings, instead of Microsoft Teams. The LTB had been using Microsoft Teams since August 2020, when it first introduced video hearings.
People had many criticisms of Microsoft Teams. For example, Microsoft Teams does not allow people to speak to each other privately in “breakout rooms”. This was especially hard on tenants who wanted to speak to Tenant Duty Counsel. It also made it difficult for landlords, tenants, and their legal representatives to negotiate with each other.
Now that the LTB is testing out Zoom, they’re trying to address some of these concerns. There are breakout rooms for negotiating and for tenants to talk to Duty Counsel.
As well, the LTB had stopped providing mediation services for rent arrears hearings. But during this Zoom test, they’ll slowly start using mediators again.
Mediation can be helpful as landlords and tenants meet with a mediator, who’s neutral and trained to help them work out a solution. It’s also private and confidential, unlike eviction hearings, which are public. And at a hearing, the adjudicator has all of the power to decide what happens.
It’s important for tenants to get legal help as soon as possible before their LTB hearings. Tenants can also ask for help if they have concerns about accessing a virtual hearing.
To get help, tenants have several options, including:
During the pandemic, community legal clinics and the Tenant Duty Counsel Program are helping most people over the phone.
In 2019, the government changed how many offers of rent-geared-to-income (RGI) housing someone can turn down before their household is taken off the waiting list.
The old rule said that households could get 3 offers. So, they could turn down the first 2 and stay on the waiting list.
With the new rule, households are given only one offer. If they turn it down, the household is removed from the waiting list, unless there are exceptional circumstances. For example, most regions allow people to remain on the waiting list if:
This new rule has been slowly rolled out across the province. The first regions applied the rule in January 2020, with more introducing it on January 1, 2021. The last of the regions will adopt the rule by July 1, 2021. This includes the City of Toronto. Tenants can check if the rule is being applied in their region.
For help related to your residential tenancy, please contact Kingston Community Legal Clinic.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
When the Canada Emergency Relief Benefit (CERB) ended, the Canadian government created 3 new Recovery Benefits and made changes to Employment Insurance (EI). There are special rules about these programs for people who are on Ontario Works (OW) or the Ontario Disability Support Program (ODSP).
This month’s On the Radar looks at how COVID-19 benefits interact with OW and ODSP.
To deal with the economic problems caused by COVID-19, the federal government created these new benefits:
These benefits are for people who miss work or lose their jobs because of COVID-19 and don’t qualify for EI. They pay $500 a week.
The government also made changes to EI. They lowered the amount of time that a person needs to qualify to 120 hours. And everyone now gets at least $500 a week.
Some people who get OW or ODSP will also qualify for EI or one of the Recovery Benefits. There’s a rule that says if someone on OW or ODSP qualifies for the Recovery Benefits or EI, they must apply to get them.
When someone on OW or ODSP gets money from another source, the government takes back some of their ODSP or OW money. This is often called a “clawback”.
People on OW and ODSP have to report their income every month. And both EI and the Recovery Benefits count as income.
Both EI and the Recovery Benefits are taken dollar for dollar from a person’s OW or ODSP payments. This means that for every dollar they get from EI or a Recovery Benefit, they lose one dollar from their OW or ODSP payments. So, while they’re getting money from these programs, most people will not get any money from OW or ODSP.
Usually, someone who gets EI or a Recovery Benefit would be removed from OW or ODSP because they have too much income. But instead, during COVID-19, OW or ODSP will give them a special status. This status means that they get $2.50 each month, which lets them:
Some people who got the new benefits at the same time as they got OW or ODSP are now being asked to pay OW or ODSP back. This is called an “overpayment”. They’ll get a letter that says they owe money.
Usually, OW and ODSP get money back by reducing a person’s future payments until they repay the full amount. OW and ODSP do not normally cancel someone’s debt.
But it’s often possible to make a deal about how much OW or ODSP takes each month, so that the person does not face “undue hardship”. People who want to do this need to talk to their caseworker.
If someone does not agree they owe money or with the amount OW or ODSP says they owe, they can ask for an internal review. This means that another OW or ODSP worker from the same office reviews the decision and decide whether or not to change it.
For more information about asking for an internal review, see:
If OW or ODSP does not change their decision, people can appeal to the Social Benefits Tribunal. For more information about an appeal, see:
For help related to a decision by OW or ODSP , please contact Kingston Community Legal Clinic.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
At the beginning of COVID-19, tribunals across Ontario were forced to close. Many have now re-opened using remote or virtual hearings by video or telephone. This includes the Landlord and Tenant Board, the Ontario Labour Relations Board, the Immigration and Refugee Protection Board, and the Social Benefits Tribunal.
This month’s On the Radar looks at what a fair hearing means and what people can do to protect their rights.
Most tribunal hearings in Ontario are now done by phone or video. These hearings can be unfair to people who don’t have access to the internet and the technology they need.
Tribunals must hold fair hearings.
If someone thinks that they’re not getting a fair hearing, they should ask the tribunal to stop the hearing until the problem can be fixed.
If the hearing continues anyway, they can ask the tribunal or a court to “review” the decision. If the hearing was unfair, the tribunal might have to hold a new hearing.
There are many ways that a hearing can be unfair. Here are some of the most common problems.
The right to notice means that people must be told in advance about their hearing. This gives them time to prepare and gather evidence. Normally, people get their notice of a hearing by mail.
Many tribunals are now scheduling as many hearings as possible to catch up with their backlog. This rush means that many people are not even being told that they have a hearing. Others are being told about their hearing after it’s too late to send in their evidence. This goes against their right to get notice of a hearing.
The right to be heard means that people must be allowed to tell the tribunal’s decision-maker what they think happened. This is also referred to as “making their case”. They also need to review and respond to any evidence used at their hearing.
Many people have found it hard to take part fully in their video hearings for reasons like:
Technical problems like these can interfere with a person’s right to be heard.
A decision-maker cannot be biased or appear to be biased. If the decision-maker favours one side, it’s important that the other person tell the decision-maker during the hearing that they believe this is happening.
Sometimes a court will refuse to consider a claim of bias if it was not raised at the hearing in front of the original decision-maker.
If someone’s hearing was not fair, they have several options.
First, they should tell the decision-maker about it. It’s best to do this before the hearing if possible. This could happen, for example, if the person received notice of their hearing but didn’t have enough time to send in their evidence. And it’s important to tell the decision-maker in writing and save a copy of the letter or email.
If the person cannot complain before the hearing, for example, if the problem happens after the hearing has started, they must complain during the hearing. This might happen if the person cannot hear the decision-maker or the decision-maker cannot hear the person.
They should ask the decision-maker to stop the hearing until the fairness problem can be fixed. This puts their concerns “on the record”. It forces the decision-maker to either fix the problem or officially ignore the person’s concerns by continuing with the hearing. The person can then use the fact that they told the decision-maker as evidence in a review of the decision.
If the decision-maker does not fix the problem, the person who was treated unfairly can ask for a “review” or “reconsideration” of the decision. This means that the tribunal will look at the decision and decide if it was done fairly. If it was not fair, the tribunal may order another hearing.
Asking for a decision to be reviewed does not always stop the order from being enforced.
For example, a tenant might ask the Landlord and Tenant Board (LTB) to review an eviction order. It’s possible that the eviction could happen before the LTB even decides whether to review the decision. Sometimes the tenant can solve this by going to court for an emergency order.
The process for asking for a review is different for each tribunal. In some cases, people may have to go to the Divisional Court for review instead of the tribunal. A lawyer can help people know where they should go.
Asking for a review can be a complicated process and it must be done quickly. People who want to apply for a review need to get help from:
Click HERE for a recent article in the Queen’s Journal regarding the effects of COVID-19 on student tenancies featuring an interview with John Done, Executive Director.
Re-posted from Community Legal Education Ontario (CLEO)
Many new benefits programs have been announced in the wake of the COVID-19 pandemic. CLEO’s chart helps you understand what’s available under the various programs and their eligibility rules.
Visit stepstojustice.ca/covid-19 for daily updates on how the law and legal services have been affected by COVID-19.
Kingston Community Legal Clinic 