Ombudsman to probe rent tribunal backlog
Number of complaints about long delays at Landlord and Tenant Board has surged
The Ontario ombudsman has announced an investigation into delays at the Landlord and Tenant Board, citing a recent “surge” of complaints.
Apress release from Ombudsman Paul Dubé’s office Thursday said complaints about long waits for board hearings and decisions have increased over the past year, and case backlogs continue to grow.
According to the release, the office received more than 200 complaints about the board in the past fiscal year, and 80 of them were about delays. In the first nine months of this fiscal year, the ombudsman has already received 110 complaints about delays. Of those, 43 came in the last month alone.
“What we’re seeing in some of these complaints is that delays have a very real human impact,” Dubé said in the release.
He said tenants who are threatened with eviction are being forced to “to wait in limbo, waiting for the board’s decision,” and landlords who rely on rental income are having to forgo collecting it for months before the board even schedules a hearing about a dispute.
The Landlord and Tenant Board was established in 2007, and is responsible for resolving disputes about rent, evictions and other issues through mediation or adjudication.
The board is one of eight adjudicative tribunals that make up Social Justice Tribunals Ontario, a new body that’s overseen by the provincial government. The SJTO was created in January 2019.
The board’s service standards dictate that parties to a dispute should have a hearing scheduled within 25 business
days, and be issued a decision within four business days at its conclusion. But SJTO’s most recent annual report found the board hasn’t met those targets since 2017.
The SJTO has attributed the delays to a shortage of adjudicators.
Kenneth Hale, legal director for the Advocacy Centre for Tenants Ontario, said the ombudsman investigation was “very welcome.”
“The government has not provided a satisfactory explanation for why they haven’t got the complement of adjudicators, so I think it’s important that the ombudsman look into what the reason is,” Hale said.
“They are dealing with vital interests here, particularly of tenants. I know landlords feel economic pressures from these delays, but sometimes (for) tenants, it’s virtually life-and-death matters that they’re dealing with. So it’s really important that there be access to justice.”
Said a spokesperson for the tribunals: “Tribunals Ontario and the LTB are aware the Ontario Ombudsman has launched an investigation and are fully co-operating with his office.
“We recognize the impact that service delays have on personal lives and business and are collaborating with our stakeholders to find solutions. We are also working closely with the government to have additional adjudicators appointed.”
The ombudsman is an independent officer of the Ontario Legislative Assembly that has the power to investigate and resolve public complaints about provincial government bodies.
The Landlord and Tenant Board investigation will be handled by the Special Ombudsman Response Team, which is tasked with investigations into systemic issues within government. The review will focus on whether the Ontario government is “taking adequate steps to address the delays and backlogged cases,” according to the press release.
The review will also consider other factors that could be contributing to delays, such as legislation, training and technological issues.