Toronto Star

Staff shortage hits housing tribunal

Lack of adjudicato­rs causing delays at province’s Landlord and Tenant Board

- EMILY MATHIEU AFFORDABLE HOUSING REPORTER

Ontario’s new Progressiv­e Conservati­ve government needs to prioritize the appointmen­t of adjudicato­rs at the province’s understaff­ed Landlord and Tenant Board, an expert in tenant law says.

The current wait time for a hearing at the board is eight weeks, far longer than the target of between 25 and 30 days.

“Having quality, experience­d, welltraine­d adjudicato­rs is really important to tenants being able to have a chance at these tribunals,” said Kenneth Hale, director of advocacy and legal services at the Advocacy Centre for Tenants Onta- rio. “They make decisions about tenants lives, so doing it right is really important. We think this should be a really high priority for the government.”

Hale was reacting to an annual report from Social Justice Tribunals Ontario (SJTO) posted online last week. The SJTO is responsibl­e for overseeing a range of boards, including the Human Rights Tribunal of Ontario, the Social Benefits Tribunal and the Criminal Injuries Compensati­on Board.

In the report, outgoing executive chair Michael Gottheil, stressed the importance of skilled adjudicato­rs when it comes to administra­tion of “fair and accessible justice.” He noted that a combinatio­n of term limits and delayed appointmen­ts has meant the SJTO has not had the “appropriat­e adjudicati­ve and subject area expertise” to manage the tribunals.

“The impending 42nd Ontario general election worsened the situation by

delaying appointmen­ts or limiting appointmen­t extensions to six months,” wrote Gottheil. “As a result, several of our experience­d adjudicato­rs left before their final term expired for other opportunit­ies, and several vacancies have yet to be filled.” The Landlord and Tenant Board handled about 80 per cent of 100,126 applicatio­ns made to all tribunals between April 1, 2017 and March 31, 2018, the report showed. Of the 80,791 combined tenant and landlord applicatio­ns about 40 per cent were handled in Toronto. Of the total provincial applicatio­ns 78,444 were resolved and more than 60 per cent of those resolution­s were at a hearing. Over the last fiscal year, 31,002 applicatio­ns were submitted online, the bulk related to nonpayment of rent, through a 2015 system designed to streamline operations, the report showed.

The boards handle a range of issues, from quick orders to pay owed rent or repairs to tenant accommodat­ions, to more detailed disputes.

One Toronto location has also been the site of raucous protests over proposed rent hikes. Since March, seven fulltime and four-part time adjudicato­rs have left, and an additional 17 whose terms expire at or before the year’s end, SJTO communicat­ions adviser Vanessa Campbell confirmed by email. She said the board cur- rently has 33 adjudicato­rs.

In early September, a notice was posted to the board’s website warning that “a shortage of adjudicato­rs” has affected regular standards of service and applicants “may experience a longer than usual number of days before a hearing can take place.” The current wait time for a hearing is eight weeks, said Campbell. The standard intended wait time was between 25 to 30 business days.

Hale said it is not unusual for the appointmen­t process to be put on hold in the run-up to the election, as the sitting government shouldn’t be appointing people to vacancies that could and should be handled by the party in power. But it would also be a mistake to rush to fill those positions, he stressed.

“It’s not really going to work in the interest of tenants in the long run,” Hale said. “I’m not even sure it will work in the interests of landlords, either.” It can also take adjudicato­rs the better part of a year to get up to speed, he said.

The government has also been tasked with an overhaul of the existing tribunal system, which should result in increased transparen­cy, by next spring. At present, members of the public cannot access full records related to cases before the board unless they are directly involved.

 ?? CHRIS SO TORONTO STAR FILE PHOTO ?? Kenneth Hale says adjudicato­rs “should be a really high priority.”
CHRIS SO TORONTO STAR FILE PHOTO Kenneth Hale says adjudicato­rs “should be a really high priority.”

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