Notary_Rate

1 Comment / notary, Traffic / admin

Price list

We are committed Affordable Fee as our Target

Notarization and Commissioning

Including: Statutory declarations, affidavits, letters and certified and much more…

in person Services

The first notarization costs $35 (including the notary’s stamp and signature), and each additional costs $20

online Services

The first notarization costs $30 (including the notary’s stamp and signature), and each additional costs $20

mobile Services

The first notarization costs $35 (including the notary’s stamp and signature), and each additional costs $20

Transportation fee is started from $70 to $110 available all entire Greater Toronto Area

Authentication and Legalization

Authentication

$100 and up
Plus any applicable Official Document Services fees
Plus shipping costs and any applicable Global Affairs Canada fee

Legalization

$125 and up
Plus shipping costs
Plus any applicable consulate / embassy fees

Additional Witnesses

We can provide the witness If your document requires a witness in addition to the notary

Witnesses

$35

Mailing Services

Your notarized documents can be shipped to a third party anywhere in the world, including Canada and the United States.

mailing/shipping

$20 plus the cost of mailing / shipping

Holiday Service

we open by appointment only for Statutory and all other type of holiday

appointment on holidays

$30 we are available on holidays ($30 extra fee is for accommodation)

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Affidavits of Vehicle Ownership

3 Comments / notary / admin

Affidavits of Vehicle Ownership

An affidavit of ownership is a sworn declaration that details when and from whom you bought the used car, as well as the reason you are unable to produce a bill of sale or other documentation proving your ownership. Used vehicle ownership affidavits must be signed in front of a notary public or affidavit commissioner.

We do NOTARIZE Affidavits of Vehicle Ownership

we accept HTA offences

The affidavit should include:

Your name and address
The vehicle type and VIN number
The seller’s name
The date you purchased it
The purchase price
Why you don’t have a bill of sale:
- If the seller did not provide one, you should explain what efforts you made to get a bill of sale and why you were not successful in getting one
- If the bill of sale was lost or destroyed, you should explain how this happened

How could I verify if I require an ownership affidavit?

In Ontario, you have six days from the time of purchase to register a secondhand car with Service Ontario.

You must bring certain documentation and information to a Service Ontario centre in order to register the vehicle:

Required Document for Registering a Vehicle in Ontario

- proof of insurance
- your Ontario Driver’s Licence
- used vehicle information package (UVIP)
- bill of Sale (you can use the bottom of the used vehicle information package, as there is a section specifically for this)
- Safety Standards Certificate (SSC), if applicable
- owner’s permit with the completed Application for Transfer portion on the back
- odometer reading information

If you don’t have a bill of sale, you can give Service Ontario a notarized affidavit of ownership explaining when you bought the car and why you’re unable to produce one.

What if I don’t have the seller’s information?

It’s alright if you don’t know the seller’s name or contact information! A Used Vehicle Information Package is available for purchase from Service Ontario. All former owners’ information is contained in the Used Vehicle Information Package. The Service Ontario website offers a Used Vehicle Information Package for $20: Package of Information about Used Vehicles

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Time Limitation in Medical malpractice

1 Comment / Lawsuit (small claim) / admin

Time Limitation Periods in Medical Malpractice

illustration of a doctor with police hand cops in his hand

illustration of a doctor holding a Stethoscope looking at patient

In Ontario, there is a limited time barrier in which a victim of someone else’s negligence or mistake can bring a personal injury or medical malpractice claim. The Ontario Court of Appeal recently dismissed a malpractice claim submitted this year for damages related to a procedure done in 2004.

Let’s explore the statutes of limitations for medical malpractice claims in Ontario in light of that court ruling.

Limitation Period

The Limitations Act of Ontario establishes deadlines for potential plaintiffs to file their claims in civil cases. The court is likely to dismiss an action when it is filed after the limitation time has passed.

There are limitations periods in place to protect possible defendants. A person in Ontario is not have to live in constant fear of legal repercussions even if they have done a careless conduct, according to the province’s legal system.

Generally, there is a two year period in which a patient can bring a legal action for medical or dental negligence. This is referred to as the limitation period. Unfortunately, developments in the law in Ontario may allow that time period to be extended when a health care professional is providing remedial or corrective treatment. This potential extension of the limitation period is another reason health care professionals ought to think twice before continuing to treat patients after complications occur.

The Two-Year Limitation Period

The basic limitation period for civil lawsuits in Ontario, including medical malpractice claims, is two years. Thus, a patient who suffers an injury has two years to file a claim against their healthcare professional from the date of the injury or from the day the patient first learned of the injury.

The two-year limitation period has a few exceptions, but the most significant ones concerns are young plaintiffs and injured people who lack the ability (physically or mentally) to commence a claim on their own. The two-year limitation period will not start running if the injury victim was under the age of 18 when they were hurt. The limitation period does not apply if a person is incapable, while they are incapacitated and are not represented by a Litigation Guardian.

The 15-Year Limitation Period

Although there are certain exceptions to the two-year time barrier limitation deadline, Ontario courts usually never approve claims based on injuries that happened more than 15 years ago. for example, In the case of Taylor v. David, the plaintiff, Andrea Theresa Taylor, sought damages for injuries brought on by a jaw operation carried out at Mississauga’s Trillium Health Centre for more than 17 years by doctors Lesley David and Larry Raley.

the plaintiff attempted to justify her delayed filing by claiming that the defendants had failed to disclose her medical records, and her physical and mental health prevented her from commencing legal procedures, so her son, was also deserved compensation, also she claimed that he was also owed compensation, was a minor when the surgery took place.

Time limitation

Case laws

Brown v. Baum

In Brown v. Baum, a patient who developed fat necrosis after breast reduction surgery due to obesity and ongoing smoking (against medical advice) sued her plastic surgeon alleging absence of informed consent. Remedial treatment, consisting of seven procedures by Dr. Baum, eventually produced an acceptable aesthetic result fifteen months after the initial operation. Ms. Brown commenced her legal action just under two years after the last surgery. Dr. Baum sought to have it dismissed on the ground the two year limitation period had passed, as the legal action was commenced more than two years after the patient knew all the facts on which her case was based, i.e. when she knew of the fat necrosis following the first surgery.

The plaintiff admitted she believed Dr. Baum had done something wrong within months of the first procedure and that she was gathering evidence for a potential legal action from the outset. However, the judge dismissed Dr. Baum’s argument that the two year limitation period had passed and accepted the plaintiff’s argument that the limitation period did not start to run until remedial treatment was concluded because it would not have been appropriate for her to sue Dr. Baum before his attempts to correct the problems created by his first surgery had been exhausted. This was a precedent setting decision.

Taylor v. David,

Although there are certain exceptions to the two-year time barrier limitation deadline, Ontario courts usually never approve claims based on injuries that happened more than 15 years ago. for example, In the case of Taylor v. David, the plaintiff, Andrea Theresa Taylor, sought damages for injuries brought on by a jaw operation carried out at Mississauga’s Trillium Health Centre for more than 17 years by doctors Lesley David and Larry Raley.

the plaintiff attempted to justify her delayed filing by claiming that the defendants had failed to disclose her medical records, and her physical and mental health prevented her from commencing legal procedures, so her son, was also deserved compensation, also she claimed that he was also owed compensation, was a minor when the surgery took place.

C-G v. R

The above principle was taken a step further in a dental malpractice case involving failed bridgework. In C-G v. R, the patient experienced continued breakage of her maxillary and mandibular porcelain bridges. In September 2011, she threatened to consult a lawyer and sue if Dr. R did not provide a refund. She repeated her insistence on a refund at an appointment a week later and added a demand that Dr. R provide her lifelong treatment free of charge. Dr. R said he would think it over but never provided the refund.

When Ms. C-G next attended in November 2011, her maxillary bridge was failing and she wanted it re-cemented. Dr. R advised that she needed dentures but eventually gave in to her demands. What followed was a series of visits over 11 months during which Ms. C-G demanded re-cementation and Dr. R capitulated, all the while making it clear the treatment was doomed to fail.

After Ms. C-G started a legal action against Dr. R in June 2014, Dr. R sought a dismissal on the ground that Ms. C-G had “discovered” her claim when she threatened to sue in September 2011 and the limitation period had therefore expired in September 2013, nine months before her legal action was issued.

Despite the fact that Ms. C-G articulated concerns about Dr. R’s treatment in September 2011 and the care provided after that was clearly not remedial in nature, the court found that the time for commencing an action did not start until Dr. R last touched one of the bridges in October 2012.

Outcomes

These judgments represent a significant change in the law regarding limitations periods. Based on the “discoverability” principle, there is less certainty about when a limitation period has expired and greater scope for discretion. As a result, when medical professionals attempt to assist their patients by providing further care in the event of an unsatisfactory clinical result, they are extending the window of opportunity for patients to sue them for negligence.

Dr. R case shows, merely treating the patient for the same condition may suspend the limitation period. In no circumstances should a patient be abandoned mid-treatment or denied emergency care. However, as Brown v. Baum demonstrates, one cannot assume that diligently trying to satisfy a patient will prevent a lawsuit, even if such efforts are ultimately successful.

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Stunt_Driving

1 Comment / Traffic / admin

Stunt Driving In Ontario

In Ontario, stunt driving is unlawful. Additionally, it’s really risky. The consequences of being detected can include expensive fines and changes to your vehicle insurance. Despite the fact that the rule has been there for a while, many drivers aren’t clear about what constitutes a violation or what the consequences are.

Knowing what the government is doing to safeguard communities and how you can drive more safely is crucial as the numbers rise.

Updates to Ontario's Stunt Driving Regulations in July 2021

The MOMS Act (Moving Ontarians More Safely Act 2021), which goes into effect on July 1, 2021, has included new regulations to address reckless driving and enhance road safety. With this new legislation, drivers who participate in street racing and stunt driving will face extended license suspension and impoundment terms.

The most recent fees, fines, and punishments for stunt driving are listed below:

Drivers who are caught engaging in street racing or stunt driving now face immediate penalties of a 30-day license suspension and a 14-day car impoundment, up from the previous seven-day maximum.
Stunt driving charges will be brought against anyone caught going more than 40 km/h over the speed limit where the top speed is less than 80 km/h.
a fine of at least $2,000 and possibly much more

we accept HTA offences

What Recognizes as Stunt Driving?

Stunt driving is the act of excessive speeding, street racing, competition, and participating in risky driving techniques while operating a motor vehicle on a road or highway in Ontario. Driving is reckless and endangers other people. Even for a first offence, there are severe penalties.

There was a 35% rise in speeding fines between March 15 and March 31, 2020. A total of 65 tickets were given out to motorists who exceeded the speed limit by more than 50 km/h.

It’s crucial to understand that driving stunts don’t just involve speeding. With springs, styling upgrades, or high-performance motors, drivers add illegal or enhanced automotive modifications to maximise performance.

The Ontario Highway Traffic Act’s Section 172(1) states the following:

“No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.”

The several driving manoeuvres that fall under the category of stunt driving are as follows:

Here are the many different driving actions that fall within the stunt driving category :

50 km/h or more over the speed limit where the limit is above 80 km/h.
40 km/h or more over the speed limit where the limit is 80 km/h or less.
Driving at a speed of 150 km/h or more.
Tire squealing, burnouts, or driving with the intention to cause some or all tires to lose traction.
Cutting off another driver intentionally or driving too closely.
Doing doughnuts, drifting, or driving a vehicle with the intention to spin.
Not allowing other vehicles, cyclists, pedestrians to pass, change directions, or have the right of way.
Driving your vehicle while not in the driver’s seat (known as ghost riding the whip).
Driving with a person in the trunk of your vehicle or an extra seat.
Driving without regard for road conditions and driving circumstances.
Popping wheelies or driving with the intention to lift some or all your tires from the surface.
Careless driving without reasonable concern or attention for others or endangering others.

Even though you may not be performing stunts or racing, you can still face penalties related to stunt driving, including hitting the gas heavy when the light turns green and making a left before the other cars come through.

What would happen and what consequences If You were Found Guilty of Stunt Driving?

If you are convicted of stunt driving in Ontario, you could face the following driver’s license suspensions :

First offence : minimum of one year but up to three years.
Second offence : minimum of three years but up to 10 years.
Third offence : lifetime suspension that may be reduced later — to be established by regulation.
Fourth and subsequent offences : lifetime suspension.

As of January 2022, the Ontario government added $250 for a first offence, $350 for a second and $450 for a third within five years when motorists lose their licences.

Stunt driving is typically not a crime or a violation of the criminal code because it is covered by the Highway Traffic Act. However, it is still a very serious offence, and depending on the accident and the circumstances, you can be charged, fined, and sentenced to jail.

What Is Toronto's Street Racing Fine?

The practise of racing cars or motorcycles on public highways is known as “street racing.” In Toronto, street racing is a common occurrence at all hours of the day and night. The Gardiner Expressway, Spadina, and Don Valley Parkway also appear to be popular urban racetracks.

In the Greater Toronto Area in just one month of 2019, 304 drivers were charged for street racing on 400-series freeways. Police detained 19 persons in connection with street racing in North York during the outbreak.

Street racing in Toronto can result in penalties for stunt driving, including licence suspension, car seizure, and fines starting at $2,000, as well as other penalties.

Stunt_Driving Read More »

Temporary Resident Permit

Should I apply for a Temporary Resident Permit (TRP)?

Applying for a TRP is one of the more frequent inquiries.

ranging from family members seeking to temporarily reunite with family in Canada, to persons with medical and/or other inadmissibility issues that need to enter for humanitarian, social, or work purposes. This includes professional athletes, artists and emergency workers.

What is the purpose of a TRP?

TRPs are listed in section 24 of the Immigration and Refugee Protection Act IRPA and operate to soften the sometimes harsh consequences of the strict application of the IRPA, which surfaces in cases where there may be “compelling reasons” to allow a foreign national to enter or remain in Canada, despite inadmissibility or non-compliance. Basically, TRPs allow officers to respond to exceptional circumstances while meeting Canada’s social, humanitarian, and economic commitments. The following persons are eligible for a TRP:

Any person who is:

Inadmissible and seeking to come into Canada if an officer is of the opinion that it is justified in the circumstances;
in Canada and is inadmissible, subject to a report or reportable for violation of the Act, or does not otherwise meet the requirements of the Act;
not eligible for restoration of status.

When are TRPs granted?

In determining whether a TRP should be granted generally, officers are obligated to weigh the need and risk factors of each case. The In Land Processing Manual lists specific factors, some obligatory and some discretionary, that are to be considered in performing this assessment:

Officers must consider:

the factors that make the person’s presence in Canada necessary (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event);
the intention of the legislation (e.g., protecting public health or the health care system).

The assessment may involve:

1. the essential purpose of the person’s presence in Canada;
2. the type/class of application and pertinent family composition, both in the home country and in Canada;
3. if medical treatment is involved, whether or not the treatment is reasonably available in Canada or elsewhere (comments on the relative costs/accessibility may be helpful), and anticipated effectiveness of treatment;
4. the tangible or intangible benefits which may accrue to the person concerned and to others; and
5. the identity of the sponsor (in a foreign national case) or host or employer (in a temporary resident case).

Where can I apply for a TRP and for how long?

TRPs may be issued at ports of entry and inland offices while permit extensions are only issued inland. Although certain applicants apply in person, most applicants apply in writing. An initial permit may be granted for a maximum of three years, and may be extended for another two years. Depending upon the reason for entry to Canada, the time request could be for as short as one day.

Written submissions on a TRP application should, therefore, provide a ‘‘needs versus risk” assessment emphasizing the pressing need for the person to enter or remain in Canada and demonstrating that the applicant poses a minimal risk to Canadians or no risk at all. It is important to be aware that a TRP is deemed cancelled when the permit holder leaves Canada, unless the document authorizes re-entry.

Is an interview required?

Interviews are usually necessary for serious inadmissibility or flagrant or intentional violations, or to assess credibility, merit, or risk and the degree of contrition. An interview may not be necessary if inadmissibility is on health or technical grounds and when credibility or merit is not an issue or where the inadmissibility involves one or two minor (summary) offences and five years has passed.

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termination-of-tenancy

Leave a Comment / Tenancy Tenant and landlord / admin

Tenant and Landlord

How a Landlord Can Go About Ending Tenancy in Ontario?

Picture this situation: You rent out your property, a tenant moves in, and you enter into a tenancy agreement, probably a fixed-term tenancy, but circumstances change, and you need your property back. You may wonder about how a landlord can end a tenancy in Ontario after a few months. What do you do?

Obviously, you don’t want to be the landlord who brushes off rules and deals badly with their tenants because this will definitely reflect badly on your business, not to mention the possibility of a conviction for breaking the law.

Can a landlord break a lease in Ontario? Absolutely yes. But before going ahead to terminate a residential tenancy, make sure your basis for doing it is rooted in the Residential Tenancies Act and the Rental Fairness Act.

Not sure how to go about the entire process? By the end of this article, you’ll have a better idea about how a landlord can end a tenancy in Ontario, in addition to knowing everything else in relation to ending a tenancy. We always recommend you get legal advice. This article is to provide general information.

What Reasons Do I Need to End a Tenancy Lease in Ontario?

The Residential Tenancies Act allows you to discontinue the tenancy early if your tenant, their guest, or anyone else who inhabits the rental unit does something they are not supposed to do or fails to do something expected of them.

‘For cause’ is the alternative term used to describe ending a tenancy this way. Common examples include when the tenant:

Fails to pay their rent in full or is always late in paying it
Causes damage to the rental property
Disturbs you or other tenants
Engages in illegal activity in the rental property or within the residential complex
Allows too many people to reside in the rental unit

The act also specifies additional reasons for terminating a tenancy that has nothing to do with what the tenant did or didn’t do. More often, they are called ‘no-fault’ reasons. Examples include:

When you plan to carry out major renovations or repairs that require a building permit. Usually, you won’t proceed with such work unless the rental property is empty.
When you, the landlord, want back the rental unit for your own use or for use by your immediate family member (i.e. spouse, child, parent, spouse’s child, or parent).
On September 1, 2017, the Ontario Landlord and Tenant Board introduced new rules for landlords who would like to end a tenancy so they or their immediate family members can use the property, and the act includes the consequences for acting in bad faith.
When there’s an agreement to sell the property, and the buyer wants all or part of the property because they or an immediate member of their family wishes to use the property. Please check with the LTB as there may be some limitations.

How a Landlord Can End a Tenancy In Ontario

As you are about to learn, ending a tenancy lease can take place in various forms depending on the different situations that may arise during the process.

A residential tenancy in Ontario renews automatically unless the tenant or landlord sends a notice to terminate the agreement. They must sign a new agreement if they both agree to end the tenancy.

To end the rental period, your landlord must give you the notice 60 days before the expiration date using the Landlord and Tenant Board form. On the other hand, you also have the same responsibility (to hand over the notice 60 days before leaving the property). If both parties are not residing in a fixed-term agreement, the landlord must provide notice within 28 days and may not have a reason to evict the tenant.

Can You Agree With a Tenant to End Tenancy?

Yes. As a landlord, you can reach an agreement with your tenant to terminate the tenancy anytime, even within the time set in the lease.

Some landlords may choose to do this orally, but it’s best if you have a written agreement signed by both you and the tenant for the sake of any confusion that may arise later. You can use Form N11, which the board specifically made for this purpose.

When both of you agree the tenancy should come to an end and you’re all signed the form to end it, the tenant will then be required to move out of the rental unit by the date specified on the form.

Please note you can’t compel the tenant to sign the agreement to end the tenancy or, at the beginning of their tenancy, require them to sign an agreement to terminate the tenancy at a later date unless it’s a care home or student housing.

What if the Tenant Changes Their Mind?

Imagine a situation where a tenant changes their mind later after you reached an agreement. For example, they propose a new agreement that allows the tenancy to continue. What can you do about that?

Well, if you are comfortable with the new agreement, you can go right ahead and sign it. But in the event you don’t agree with it, meaning you still stand with the previous agreement, you can make an application to the Board requiring them to give you an order to evict the tenant.

However, note that they can make an application to the Board to stop the eviction if they feel they are being treated unfairly.

What is a month-to-month tenancy in Ontario?

A month-to-month tenancy starts automatically when the lease for a residential property expires and no new lease has been signed. A tenant with a month-to-month tenancy must give 30 days’ notice before moving out of the property.

When Do I Issue a Landlord Notice to End Tenancy In Ontario?

If you plan to discontinue the tenancy due to any of the reasons mentioned in the act, the first thing you are expected to do is issue a landlord notice to terminate the tenancy. Make sure you’ve given it to the tenant before the termination date because the act requires you to do so.

And since each reason requires its own special notice, ensure you’ve used the right form. Fill it out correctly and completely because the notice can easily be rendered void if all the required information is not present.

What is Done When a Landlord is Breaking a Lease in Ontario?

As a landlord, you will hopefully never be in a situation where your actions break your lease agreement and cause the tenant to become frustrated with the rental situation. This can happen, however, whether intentionally or not, so it is good to be informed about what would happen in this scenario.

Just as landlords are able to involve the Landlord Tenant Board to get help with tenant problems, tenants can do the same when their landlords break the rules. In this case, a tenant would take action with the Board to resolve the issue with you. This could mean terminating the lease agreement or simply having to pay a fee to cover the mistakes made.

Typically, a tenant cannot file this type of complaint or form with the Landlord Tenant Board until they give you written notice of their grievances, but this also depends on the cause for complaint.

To ensure you never end up in this situation, be sure you carefully follow your responsibilities as a landlord. If you find yourself in a difficult tenant disagreement, it can also be a good idea to hire a paralegal for legal advice on how to proceed with as few missteps as possible.

What if the Tenant Refuses to Leave After Receiving the Notice?

Something worth mentioning before we delve into that is if the notice you served your tenant requiring them to stop a certain behaviour or to undertake a particular action has been fully complied with, then the notice to end the tenancy is void. You can’t apply to evict them.

However, if they fail to comply by the stated deadline and they’ve refused to leave after the deadline, you have to apply to the Board for approval to terminate the tenancy.

Other reasons you need to make an application to the Board for approval to end a tenancy include if:

There’s an unauthorized occupant in the rental unit you want to evict
You have an agreement to end the tenancy and the tenant breached the terms
The tenant abandoned the rental property

The board will then make a decision once they’ve held a hearing, in which both of you are given a chance to explain your own side of the story.

Should the board issue an eviction order, you will require the help of a Sheriff to evict the tenant. Reading over the landlord rules in relation to evicting a tenant in Ontario covers the entire process in detail.

How Can A Landlord End A Tenancy In Ontario?

There are many reasons you might want to end a tenancy in Ontario. Perhaps a tenant has broken the terms of your lease agreement or has been late paying rent for months; on the flip side, you might want to end a lease agreement because you have decided to renovate the property as soon as possible.

In these cases, what do you do?

Here is the general process you must follow to end a tenancy in Ontario:

Notice Of Termination
First, you must send the required notice of termination to the tenant. The notice must include details about the when, why, and what is happening with the lease agreement.
Wait Period
Next, you must wait the required number of days for the tenant to either comply with the termination request or respond to you. The required time period depends on the type of notice and reason for termination of the tenancy agreement.
File With The Board
Once the allotted number of days has passed as outlined in your notice, you can file with the Landlord and Tenant Board of Ontario for an eviction hearing. The specific form you need to use will depend on the reason for eviction, and there may be an associated fee for filing.
Attend The Hearing
In cases where a hearing is necessary, you will need to prepare documentation to defend your claims for eviction. The board will determine, either with or without a hearing, what should happen in this situation.
Eviction
If the case is decided in your favour, the tenant should move out by the required date. If they do not, you can pay a fee and deliver your hearing decision to the local sheriff for assistance in evicting the tenant.

As mentioned, the specific steps that must be taken are going to depend on the type of eviction you are processing. In some cases, no notice will be required to be given to the tenant as their actions would have waived their right to notice. The case would instead immediately proceed to the Board for review.

With so many types of eviction, it can be complicated to know what is going to happen. Many landlords are fearful of eviction situations because of these complexities.

The key to successfully navigating any eviction situation is to proceed carefully, ask questions to the Board when necessary, and make sure you are following the procedures outlined by the Board exactly.

If you do this, you are unlikely to cause yourself any unnecessary delays that would make the eviction take longer than necessary.

How Much Notice Does A Landlord Have To Give A Tenant To Move Out In Ontario?

The amount of time required for a landlord to give a tenant notice is going to depend on the reason for the eviction notice and the rental period of the tenancy agreement.

If the tenant has broken the lease agreement or the basic proponents of the Residential Tenancies Act, the amount of time required on the notice of termination is usually between 10 and 20 days for all types of leases. This is the same if a tenant has not paid rent or has consistently paid rent late.

If the landlord wants to end the lease agreement in order to convert the property, do renovations, or otherwise take over primary control of the space, the notice periods are usually much longer.

For short-term leases like weekly agreements, the required time is 28 days’ notice. For a fixed period, long-term lease, the notice period necessary can range from 30 days to 120 days depending on the particulars of the situation.

To find out what type of notice is likely to be required in your situation, this guide from the LTB can help.

Can A Landlord Ask A Tenant To Move Out When A Lease Expires In Ontario?

Yes; a landlord can ask a tenant to move out when a lease expires in Ontario. However, that request must be done at the right time and handled properly in order to be considered legally valid. To understand what this means, you first have to understand what happens when a lease expires in Ontario.

When a lease is up, it is automatically converted into a month-to-month lease if the rent is typically paid monthly. A new lease agreement is not needed as the original terms still apply to both parties.

In some cases, the landlord and tenant will meet to renew the agreement as a long-term lease agreement or even sign a new lease completely. If not, the lease automatically becomes a month-to-month lease.

If a landlord wants the tenant to move out at the end of the lease period, they need to follow the same rules for giving notice to their tenant as they would for any other no-fault eviction reason. This means that if a landlord wants a tenant to leave when their lease expires, they will need to give them early notice about why and when they are expected to move out according to the laws outlined by the Residential Tenancies Act.

A landlord cannot simply expect a tenant to move out without notice at the end of the original lease unless this was previously agreed upon by both parties.

Can A Landlord Terminate A Month-To-Month Lease In Ontario?

Yes; a landlord can terminate a month-to-month lease in Ontario as long as the reason for lease termination is legal, appropriate, and processed the right way.

The applicable reasons for lease termination do not change based on the time period of the lease agreement; the only thing that may change is the amount of notice that must be given to tenants in order to terminate the tenancy.

For some cases where the lease has been broken, the notice time period does not typically change from one type of lease to another. For situations where the landlord wants to regain primary control of the property, the amount of time required to be given is likely to be lower for month-to-month leases in comparison to year-long agreements. Weekly and daily leases would require even less notice.

Landlords Ending Tenancy In Ontario: The Takeaway

When dealing with difficult tenants, ending a tenancy can easily turn out to be a complex and tiring process, but you can manage it better and easily get back your property by choosing to follow the required procedures on how a landlord can end a tenancy in Ontario, which the Board specifies clearly and in a satisfactory manner.

Now that you have a better understanding of how the termination of lease typically works, it will be more comfortable to navigate that situation if you ever end up needing to evict a tenant.

Is there a way to prevent such a situation from happening in the first place? Absolutely yes.

Besides the ‘no-fault’ reasons, the rest of the reasons why you may want to discontinue a tenancy are mostly a result of the behaviour of the tenant, a situation you can easily avoid by enlisting the help of a property management company whose role is to screen tenants and ensure they are not the type who would trigger the need for ending a tenancy.

in some cases, other laws and regulations must be applied
in fact, some document needs some compliance with the law prior to Notarization

ATTENTION

In some cases, other laws and regulations must be applied some document needs some compliance with the law before legal action *** Please Contact for legal advice regarding Tenancy ***

termination-of-tenancy Read More »

Rent Persistently Late

Leave a Comment / Tenancy Tenant and landlord / admin

Tenant and Landlord

Rent Persistently Late

What Can I Do About a Tenant That Is Frequently Late With The Rent?

A persistently late paying tenant can cause a landlord various troubles including financial difficulties, especially for a smaller landlord that relies on rent being on time to enable the landlord to pay the landlord’s own bills. When a tenant pays late, the tenant may make it difficult for the landlord to pay the mortgage, taxes, utilities, among other things, resulting in harm or hardship for the landlord.

It is notable that the first time a landlord seeks to evict for persistently late rent, the Landlord Tenant Board usually provides a last chance warning to the tenant. Of course, this is without intent to say that obtaining an Order to Evict will be impossible within a first proceeding; however, it is reasonable to anticipate that the Landlord Tenant Board, is more likely to issue a pay on time Order, unless doing so would be severely unfair and prejudicial to the landlord. Accordingly, even if the landlord is unsuccessful in obtaining an Order to Evict, by initiating a proceeding, the landlord establishes the details of payment delinquency by the tenant, on the record, with the Landlord Tenant Board. As such, a landlord should be prepared and expect that the Landlord Tenant Board is more likely to issue an Order requiring on-time payment than the likelihood of an Order to Evict.

Generally, the last chance Order, which is essentially a requirement that the tenant brings the rent arrears up to date in a reasonable period of time, and make all rent payments properly on the due date moving forward, is granted per the discretionary power held by the Landlord Tenant Board as per section 83 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, which states, among other things:

Residential Tenancies Act, 2006,S.O. 2006

Residential Tenancies Act, 2006,S.O. 2006, Chapter 17 at section 83(1)

83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the eviction order be postponed for a period of time.

For a case where the Landlord Tenant Board provided opportunities for the tenant to resolve a rent arrears and persistently late payment problem, and then eventually ordered termination of the tenancy and eviction, the case of RPM v. RG and VA, TNL-83786-16 (Re), 2016 CanLII 72041 provides a good example, especially as an example of the importance of creating a track record with the Landlord Tenant Board. Within the RPM case, the Landlord Tenant Board said:

RPM v. RG and VA,2016 CanLII 72041

RPM v. RG and VA,2016 CanLII 72041 at paragraphs 1 to 12

Procedural History

1. This application was heard together with TNL-83939-16 respecting the same tenancy.

2. The procedural history of these matters dates back to 2015. The Landlord applied to terminate the tenancy because the Tenants had been persistently late in paying their rent. On February 6, 2015, the Board issued order TNL-65178-14 requiring that the Tenants pay their rent on time until January, 2016.

3. The Tenants did not comply with the order. In fact, they fell into arrears. The Landlord filed an application to terminate the tenancy because of the arrears, which resulted in order TNL-74983-15 issued on December 9, 2015. That order required that the Tenants pay their arrears of $4,915.90 and new rent that came due according to a payment plan scheduled to end on February 29, 2016.

4. The Tenants did not comply with that order either. The Board issued ex parte orders terminating the tenancy for the breaches of orders TNL-65178-14 and TNL-74983-15. The Tenants moved to set aside both orders, and the motions were heard together in January, 2016. At that time, the Tenants’ arrears had increased to $7,209.90. The Board issued an interim order requiring that the Tenants repay those arrears on a payment plan ending on May 6, 2016. The Tenants complied with the interim order and paid all their arrears. On July 14, 2016 the Board issued order TNL-76406-15-SA/TNL-77842-16-SA requiring that the Tenants pay their rent on time for the next 12 months.

5. By the time order TNL-76406-15-SA/TNL-77842-16-SA was issued, the Tenants had already fallen into arrears again. They have not paid any rent for July, August, or September 2016.

6. The Landlord filed application TNL-83939-16 to terminate the tenancy for the breach of order TNL-76406-15-SA/TNL-77842-16-SA, and also filed the present application to terminate the tenancy for the new arrears of rent. Application TNL-83939-16 was resolved by an ex parte order, which the Tenants moved to set aside.

7. The Tenant’s motion was heard together with the present application. There was no dispute regarding either the arrears owing or the breach of the prior order. The only issue in either case was whether it would not be unfair to grant relief from eviction, pursuant to subsection 83(2) of the Residential Tenancies Act, 2006 (the ‘Act’) in the present application, and pursuant to subsection 78(11)(b) in the set-aside motion. As the tests for relief under the two sections are identical, I have considered the issue of relief as a single question, the reasons for which are contained in this order.

Relief from Eviction

8. The Tenant testified that she fell back into arrears because she lost her job, and the other tenant had to stop work due to a disability. She has now started a new job, and the other tenant expected to start receiving disability benefits. Based on their new expected income, the Tenant testified that they can pay roughly $125 per month towards the arrears. They can pay more in February and March because those are three-paycheque months. I calculate that the Tenant’s proposal would lead to the arrears being paid off in roughly four and a half years.

9. I have considered all the circumstances, and I find that it would be unfair to the Landlord to permit a payment plan of that length. The tenancy is not sustainable given the Tenants’ income.

10. I find that it would not be unfair to delay eviction to September 30, 2016. It was the Tenant’s uncontested evidence that the other Tenant suffers from a disability which will make it impossible for him to help pack or look for a new apartment. The Tenant will have to do all the work of moving two people herself, while also caring for the other tenant because of his disabilities. It is fair to give her to the end of the month to do so. It would be unfair to delay eviction any further since that would lead to additional arrears owing for October.

11. There is no prospect of the Tenants paying their full arrears by September 30. However, if they do so, this order will be void. I find that it would, in that case, still be unfair to set aside order TNL-76406-15-SA/TNL-77842-16-SA to permit the tenancy to continue. The Tenants have been persistently late in paying their rent for years, despite being granted relief from eviction numerous times. It would be unfair to the Landlord to permit the tenancy to continue where the Tenants’ income is simply not high enough for them to pay their rent on time.

12. Therefore, even if the Tenants void this order, the tenancy will still terminate pursuant to order TNL-76406-15-SA/TNL-77842-16-SA, they stay of which will be lifted on October 1, 2016.

In other circumstances, the case of Inc v. NT and MAG, TEL-03678-19 (Re), 2020 CanLII 61259 was a first time proceeding for persistently late rent; however, in this situation, the landlord was already on record with the Landlord Tenant Board with three previous rent arrears proceedings which were negated by late payments prior to eviction. Upon reviewing the first time proceeding for persistently late rent and the request from the tenants that the Landlord Tenant Board exercise the discretion under section 83, the decision of the Landlord Tenant Board was to deny the section 83 request and grant the eviction order. The reasoning for denying the section 83 request was explained by the Landlord Tenant Board as due to the tenants failure to provide corroborating evidence to support a reasonable argument of the ability to pay rent on time going forward. Specifically, the Landlord Tenant Board said:

Inc v. NT and MAG,2020 CanLII 61259

Inc v. NT and MAG,2020 CanLII 61259 at paragraphs 1 to 12

1. There is no dispute here that the Tenants have persistently failed to pay the rent on the date it was due.

2. According to the Landlord’s ledger for the period August, 2018 to April, 2019 the Tenants were late paying the rent each month but by the end of the month they were either caught up or mostly caught up. But then in May of 2019 the Tenants started to fall behind. They did not catch up and reach a zero balance until close to the end of August, 2019 at which point they paid $3,644.09. That lump sum payment brought them to a zero balance and discontinued the Landlord’s most recent L1 application (contained in Board file TEL-03671-19).

3. The dispute between the parties here is the Tenants’ request for relief from eviction pursuant to s. 83 of the Residential Tenancies Act, 2006 (the ‘Act’). They ask for an opportunity to save the tenancy subject to the requirement rent be paid on time into the future. The Landlord opposes that request and asks for a standard eviction order.

4. That means the issue for the Board is whether or not it would be unfair in all of the circumstances to grant the Tenants the relief sought.

5. This tenancy began in 2014. There are an unknown number of adults and children living in the rental unit. The children attend school nearby.

6. There have been three L1 applications for non-payment of rent, all of which have resulted in the Tenants paying everything outstanding before an eviction order could issue. TEL-75865-16 was discontinued effective February 13, 2017. TEL-78535-17 was discontinued April 19, 2017. The most recent one was discontinued August 22, 2019.

7. This is the first application alleging persistent late payment of rent. The notice of termination was served on the Tenants August 9, 2019. As stated above, the Tenants cleared the arrears on or about August 22, 2019. As of the date of hearing nothing had been paid for the month of September, so the rent for September 2019, was also not paid on time.

8. In response to my questions, the Tenants say that they did not realise that persistent late payment of rent could get them evicted. They have monthly income of around $5,000.00 a month which should be more than sufficient to pay rent on time and in full but the Tenants have other debts and there is an affordability issue. As of the date of hearing the monthly rent was $1,658.61. Things worsened in the spring of 2019 because the second-named Tenant above became ill and had to have surgery. They have not paid September’s rent on time because they used all of their resources to pay off the arrears in August, 2019. They want to catch up with September’s rent and pay rent on time starting October 1, 2019. None of the Tenants’ evidence was corroborated by documentation.

9. The problem with the Tenants’ request for relief from eviction is that the only measure by which the Board can analyse their promises to pay in the future is their behaviour in the past.

10. The Tenants do not deny having a multi-year history of paying rent late; they do not deny knowing when rent is due; they do not deny prioritizing other debts over paying rent. They claim they did not know being persistently late could result in eviction but they did in fact know that sometime in the first half of August of 2019 because the Landlord served notice of termination on them for persistent late payment. Despite considerable income they did not pay rent on time for September, 2019 and continued to be in arrears as of the date of hearing. It is something of a mystery as to where their income is going.

11. In other words, the evidence supports the conclusion it is more likely than not that the Tenants will continue to pay rent late into the future. They have an affordability issue. As a result, granting relief in the form requested would be unfair to the Landlord as the Landlord will inevitably have to bring additional legal proceedings to the Board with respect to this tenancy.

12. In the alternative, the Tenants ask that eviction be delayed until December 31, 2019. Given the delays in writing and issuing this order, the Tenants have essentially gained the delay they requested. No further delay is justifiable.

13. As a result of all of the above, the Board’s standard order shall issue.

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EVICTION

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Tips for Landlords

How to Evict a Tenant In Ontario?

It’s unfortunate, but part of the business of being a landlord is dealing with tenant problems. From unpaid rent to messy homes, there’s a lot of situations that you will encounter that might be frustrating for you. But dealing with them efficiently will make your business more successful in the long run.

One situation that landlords may run into that they are unsure how to deal with is how to evict a bad tenant in Ontario. Whether they’ve broken the rules or are just overstaying their contract period, eviction is a tough situation to deal with.

Let’s review the right times to consider eviction, how to evict a tenant in Ontario, and other tips that you need to know.

Get a consultation from a lawyer or paralegal first

If you want to serve your tenants a notice, get a consultation from a lawyer or paralegal first. A lot of case are tossed out at the Landlord and Tenant Board because the landlord made one, tiny mistake on the notice for that they served to the tenant.

Reasons For Eviction Ontario

First, you need to be sure that your reasons for wanting to evict a tenant are legal. There are a variety of reasons that you may want to evict your tenant, but you have to be sure that the reason is in line with the Residential Tenancies Act.

Here are a few of the most common reasons that landlords go about evicting a tenant in Ontario: Non-payment of rent/Tenant owes rent

Not paying the rent in full.
Paying rent late.
Persistently paying the rent
late.
Require the home in order to
sell the property.
Require the home for personal use.
Require the home for an immediate family member.
Illegal Activities./Tenant caused damage and/or serious issues for either the landlord or for other tenants
Require the home in order to demolish the property/planning to tear down the building or repurpose it

This is not a comprehensive list of reasons that you as a landlord may want to evict a tenant. A landlord might also want to learn how to evict a bad tenant in Ontario if they break any of the clauses laid forth in the rental contract.

Gather up information about why you plan to evict before moving to the next step of the eviction process.

The Eviction Process: A Simple Guide

The eviction process can be quite complicated, so this guide will give you the broader, necessary details that you need to get a handle on the process. Once you know about this process generally, you will be able to move through each step with more confidence.

Some advice to new LANDLORD (LL)

Here’s Some advice to new LLs or prospective LLs:

1. The learning curve for LLs is steep. LLs should choose TTs VERY CAREFULLY, checking the authenticity of every document given thoroughly, calling references and taking the time needed to determine if the TT is a good fit.

2. Check an Ontario Driver’s License here https://www.dlc.rus.mto.gov.on.ca/dlc/…

How to interpret an Ontario Driver’s License:

• The picture should match the person in front of you of course.

• The last 6 digits of a driver’s license are the Y-YMMDD of the birthday.

• The MM of a female licence is 50 higher. So a man born on Jan. 1 is 0101 a female is 5101.

• The first letter of a driver’s licence is the same as the first letter of the last name.

• The year month and date of birth are under the photo.

• Drivers under 19 have an extra line that says when they turn 19.

3. Check TTs names, their previous addresses and LL names SEPARATELY on canlii.org- this will help a LL screen out TTs that have a prior history of LTB hearings and eviction orders – although the canlii.org database is not conclusive or up to date, it takes 5 minutes to check names, and addresses

4. One of the common problems with two family homes is that noise penetrates from one unit to the other and then the complaints start or the temperatures are hard to manage (too hot/too cold). LL should ensure he/she has met and surpassed the insulation requirements and sound barriers between the units.

5. Know that the LL absolutely cannot control how many people are going to be living in the units once the keys are handed over . TTs will have the legal right to have short or long term paying or non-paying guests for as long as they like WITHOUT LL permission.

6. Advisable to make utilities extra (do not make rent inclusive) and apportion them according to the RTA by the sq ft of the units or if the units are similar in size, divide the utilities equally 50% each.

7. Parking – if it makes sense, LL should designate a number to the parking spots so there is no disagreement on who gets what spot. i.e. Upper unit – Parking #1, Lower Unit – Parking #2

8. Any amenity a LL offers from Day 1 cannot be taken away unless the LL offers a rent abatement i.e. internet, backyard, garage, storage shed, laundry, etc.

9. Strongly recommend a LL makes a one time purchase of OSL addenda written by paralegals and lawyers that protect LLs above and beyond the standard lease.

In no particular order: Harry Fine, Paralegal

https://landlordtraining.ca/home/forms-for-landlords/ OR

LPMA London Property Management Association

https://lpma.ca/membership/landlord-benefits/

9. Recommend LL make TT liability insurance MANDATORY in the OSL and must receive a copy as proof of it BEFORE keys are handed over. If insurance is required, and the TTs do not have it or cancel it, this is a legal reason to file an application for eviction.

10. Review the Residential Tenancies Act thoroughly.

https://www.ontario.ca/laws/statute/06r17

https://tribunalsontario.ca/…/Guide%20to%20RTA%20…

11. A LL in Ontario must use the Ontario Standard Lease. https://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=2229E&NO=047-2229E

12. Tenants have security of tenure in Ontario. Once a LL hands over keys, the TT cannot be evicted except by order of the Landlord and Tenant Board (LTB) and for a legal reason. https://ontariolandlordandtenantlaw.blogspot.com/…/what…

13. Understanding the framework of where and how to resolve issues when they happen in the LL/TT relationship is important. Know that the LTB is the tribunal that all claims go through from both LLs and TTs and that the scheduling at the moment is about 6 months plus to get a hearing and then another month or more to get the actual written order from the LTB Member. So if things go bad, you need to have a minimum of the equivalent of a year’s worth of financial resources (in rental income) to avoid having to borrow money or extend financing. https://tribunalsontario.ca/ltb/help-for-landlords/

14. Rent increases for properties occupied as residential ON OR AFTER Nov 15 2018 are NOT rent controlled which means the LL can increase rent above the provincial guidelines every 12 months using the N2 and 90 days notice https://tribunalsontario.ca/…/N2%20instructions_final…

15. Rent increases for properties occupied as residential BEFORE Nov 15 208 ARE RENT CONTROLLED and can be increased using the N1 with 90 days notice once every 12 months. The annual max rent increase allowed is determined by the provincial government. https://tribunalsontario.ca/…/N1%20instructions_final…

https://tribunalsontario.ca/ltb/help-for-landlords/

https://tribunalsontario.ca/ltb/brochures-videos/

https://tribunalsontario.ca/ltb/faqs/

https://landlordselfhelp.com/

Eviction Can Be Complex but its procedure is:

Step 1: Reason for Eviction

As mentioned above, you need to have a legal reason for evicting a tenant. Whatever that reason is, you need to have proof of it being an issue for you as a landlord. This information will need to be brought to the appropriate authorities for a legal eviction.

Here are a few of the most common reasons that landlords go about evicting a tenant in Ontario: Non-payment of rent/Tenant owes rent

Not paying the rent in full.
Paying rent late.
Persistently paying the rent
late.
Require the home in order to
sell the property.
Require the home for personal use.
Require the home for an immediate family member.
Illegal Activities./Tenant caused damage and/or serious issues for either the landlord or for other tenants
Require the home in order to demolish the property/planning to tear down the building or repurpose it

Gather up information about why you plan to evict before moving to the next step of the eviction process.

Step 2: Give Tenant Written Notice

In Ontario, you can use official forms to give your tenant written notice. In all but the most extreme cases, you must give your tenant written notice of your eviction before attempting to get them to leave the property.

These forms can be found on the LTB and sticking to the method laid out in them will help both you and your tenants have a clear understanding of what is happening when the eviction will occur, and any other details that must be communicated.

There are also set rules to the amount of notice that you must give your tenant. These dates are as follows:

Owe rent: 14 days
Causing damage/disturbing neighbors: 20 days
Drug-related issues: 10 days
The landlord wants to move in 60 days
The landlord wants to tear down the building: 120 days

As always, there is some exception to these dates depending on the specific property type. There are a lot of intricacies to the rules of eviction, but knowing this base information will help you set up the process appropriately.

bove, you need to have a legal reason for evicting a tenant. Whatever that reason is, you need to have proof of it being an issue for you as a landlord. This information will need to be brought to the appropriate authorities for a legal eviction.

Step 3: Move Up To The Board

If your tenant does not move out within the allotted time or correct the problematic behavior, it’s time for you to move your process to the Landlord and Tenant Board.

This board manages the oversight of many tenant and landlord relationship problems, so it is with them that you will want to file for eviction.

You will have to file an application for eviction with the Board. The application will explain the issue, what you want to be done about it, and other essential information. The Board will review this information and schedule a hearing if you seem to have enough reason for the eviction.

Step 4: The Hearing

Come to the hearing prepared with information about your eviction application. Bring evidence of the issue that you are having, how you have attempted to resolve the problem with the tenant, and the written notice that you gave them.

Your goal here is to prevent all important information so that everyone can make fair and clear decisions about whether or not an eviction should take place. The tenant should also come prepared with this information.

At the hearing, there will be a lot of back and forth so that the overseeing Board member can make a decision. If you or the tenant does not show up, it is likely the Board will rule in the other member’s favor.

Step 5: The Result

Depending on the nature of the reason for wanting to evict your tenant, the Board may provide a number of different solutions:

Approve request for eviction
Request you two make a payment plan for late rent and let them continue living there
Set up an order for you to receive payment back for damages
Work out communication problems between both parties

Depending on the result of your hearing, the whole process is nearly complete.

Step 6: Evicting

If the Board approves the eviction, you will need the Sheriff to evict your tenant and remove their belongings and let you change the lock. You cannot evict them yourself or hire a private company to do so.

Evicting a problematic tenant can be a long and complicated process, but working through each step methodically can help you regain control of your property. How to evict a tenant in Ontario is a relatively clear process thanks to the Board’s actions.

Thankfully, moving to give your tenant a notice of eviction is enough to solve problems or get rid of bad tenants.

To avoid needing to deal with the eviction process at all, taking extra time to find good clients is an essential task. Some property management companies can help you with the tenant screening process to ensure that you are getting the best tenants that are less likely to become tenants that would require an eviction situation.

ALSO YOU CAN CONTACT US FOR HELPING YOU IN LANDLORD AND TENANT MATTERS

The Residential Tenancies Act (RTA) applies to all Landlords and Tenants within Ontario. This includes all types of rental housing, ranging from high-rise apartments to family homes. We will handle your entire matter from start to finish, appearing in court on your behalf.

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Tenancy Legal issues would be effect your life style

in worst scenario;

for TENANT; they could be evicted and lose a roof on top of their head and
for LANDLORD they could not collect rent and pay their mortgage and / or other cost of living

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Refugee Protection Division

Overview of Refugee Claims before the Refugee Protection Division

The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board. The Refugee Protection Division hears matters from individuals claiming protected person status. Claims can be made at an IRCC or CBSA office in Canada or a Port of Entry, such as an airport or border. You may also make a claim from outside of Canada, but such claims are not processed by the Refugee Protection Division, they are processed by IRCC. Claims for refugee status are made under two categories: a convention refugee or a person in need of protection.

The first step is the intake in which the CBSA officer will determine eligibility for a refugee claim, including ensuring you are not inadmissible. A Basic of Claim (BOC) form that details all the information of the claim is made with the same significance and effect as a statement made under oath (although changes and/or additions to the BOC form can be at a later date, but material changes may lead to adverse inferences). Documents to establish identity as well as evidence to support the claim will be required. Where that information cannot be produced the claimant will be asked to explain why and what steps were taken to obtain the evidence.

If a claim is made at a port of entry the original BOC form must be provided to the Refugee Protection Division within 15 days from when the claim is made. If the claim is made in-land, the BOC form must be submitted to the officer before whom the claim is made. The officer has 3 days to determine if the claim is eligible for referral to the Refugee Protection Division. Where the officer fails to make a determination within 3 days, the claim is considered eligible. The CBSA officer may suspend the assessment if a report is made alleging inadmissibility concerns on grounds of security, violating human or international rights, serious criminality, organized criminality or the officer is waiting for the Court to make a decision on an offence the claimant has been charged with that carries a maximum sentence of 10 years or more. If the claim is found eligible, the claimant will be allowed to remain in Canada for the duration of the processing of the refugee claim.

Upon claiming protected person status, the claimant must appear for a hearing and has the burden to establish that the claimant is a convention refugee or a person in need of protection (although it is possible that the Minister grants refugee status without a hearing before the Refugee Protection Division).

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Convention Refugees

A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they have a well-founded fear of persecution based on:

a) Race

b) Religion

c) Nationality

d) Political opinion

e) Being a member of a specific social group

Person in need of Protection

A person in need of protection is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include risk that is a product of the country’s inability to provide adequate health or medical care.

Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.

Am I eligible to make a claim?

You cannot make a claim for Refugee status in Canada if you:

a) Have already been granted refugee status in Canada or another country

b) Have been refused previously for refugee protection in Canada

c) Have had a prior claim that was determined to be ineligible, withdrawn or abandoned

d) Have committed crimes including, but not limited to, war crimes, crime against humanity, serious crimes outside the country of refuge or other acts that are contrary to the principles of the United Nations

The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule.

The first is if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, holds a work or study permit or is over the age of 18 and has an active Refugee matter before the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.

What happens after the Refugee Protection Division hears my claim?

After the hearing at the Refugee Protection Division, a claimant will be granted status as a protected person if the panel has found that the claimant is a convention refugee or a person in need of protection or be refused and then the conditional removal order will become effective within a designated time period unless an appeal is made to the Refugee Appeal Division and/or other steps under the law. If you are granted status as a protected person, you may apply for permanent residency. If your claim has been refused, you may appeal to the Refugee Appeal Division. It is important to note that if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision.

If you have been granted permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation matters, we encourage you to contact a legal professional.

In all, the steps for a refugee claim are as follows

i) File a Refugee claim in Canada

ii) An officer determines if you are eligible to make a claim and a BOC form is filled out

iii) Your claim is referred to the Refugee Protection Division and a hearing is scheduled if you are found to be eligible

iv) An appearance is made before the Refugee Protection Division. A decision is made or held in reserve

v) Protected person status is granted

vi) Refugee claim is refused and a removal order is issued

vii) Claimant leaves country or files an appeal to the Refugee Appeal Division and or other steps under the law, if eligible

It is important to note that if you are not eligible to file an appeal to the Refugee Appeal Division, you may file an Application for Leave and Judicial Review to the Federal Court.

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10 Comments / Traffic / admin

Careless Driving

Overview

Demerit points are applied only after the ticket is paid to the drivers license or insurance

Careless driving is the act of operating a vehicle without due care or consideration for other drivers. some common examples are as follows:

A motor vehicle collision.
Tailgating another vehicle while driving.
Passing another vehicle in an aggressive manner.
Failing to yield to pedestrians on a crosswalk.
Using your cell phone or portable navigation device while driving.
Performing a burnout.
Failing to yield to the right of way of another vehicle.
Eating or drinking while driving a vehicle.
Overtaking and forcing your way into a line of vehicles waiting to turn or exit.
Applying make-up while driving.

As of September 1, 2018, there has been an update to the charge of Careless Driving in Ontario, and it has been divided into two versions.

1. Careless Driving NOT Causing Bodily Harm or Death

The definition as per the Highway Traffic Act:

- 130 (1) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

Penalties For Careless Driving NOT Causing Bodily Harm or Death are:

Type of Penalty	Details
Demerit Points	6 Demerit Points
Fine	$400.00 To A Maximum Of $2,000.00
Jail Sentence	Up To Six (6) Months
Licence Suspension	Possible Two (2) Year Suspension
Novice Drivers Licence Suspension	Automatic Suspension
Insurance	Increase Or Cancellation Of Policy

2. Careless Driving Causing Bodily Harm or Death

The definition as per the Highway Traffic Act:

130 (3) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.

Penalties For Careless Driving Causing Bodily Harm or Death are:

Type of Penalty	Details
Demerit Points	6 Demerit Points
Fine	$2,000.00 To A Maximum Of $50,000.00
Jail Sentence	Up To Two (2) Years
Licence Suspension	Possible Five (5) Year Suspension
Novice Drivers Licence Suspension	Automatic Suspension
Insurance	Increase Or Cancellation Of Policy

If you are found guilty, you will be assessed a total of six (6) demerit points to your driver’s licence. The amount of demerit points stays the same whether you are charged with either Careless Driving not causing bodily harm or death or you are charged with Careless Driving causing bodily harm or death. If you are having trouble understanding how demerit points work, our article on The Demerit Point System explains it all in full detail.

How Long Does Careless Driving Stay on Record In Ontario?:

A Careless Driving ticket in Ontario will stay on your driving record for a total of (3) three years from the conviction date. The conviction date is either the date in which you are found guilty in court or the date you choose to pay the ticket before court.

Careless Driving Ticket – Fine

Careless Driving Fine:

A minimum fine of four
hundred ($400.00) dollars.
A maximum fine of fifty thousand ($50,000.00) dollars.

Careless Driving Demerit Points:

Assessed a total of six (6) demerit points.

Careless Driving Penalty:

Serious charges can carry a jail sentence of up to two (2) years.
Possible five (5) year licence suspension if convicted.
Increased or cancellation of your insurance policy.
Automatic license suspension for G1, G2, M1, and M2 licence holders if convicted.

Careless Driving NOT Causing Bodily Harm or Death

Minimum Fine – $400.00
Maximum Fine – $2,000.00

Careless Driving Causing Bodily Harm or Death

Minimum Fine – $2,000.00
Maximum Fine – $50,000.00

Is Careless Driving a Criminal Offence In Ontario?

In short, NO. Although, the offence of Careless Driving permits a penalty of jail time, that does not make it a criminal offence. This is due to the fact you are being charged under the Ontario Highway Traffic Act and not the Criminal Code. So, you will not be given a criminal record if you are found guilty of either Careless Driving not causing bodily harm or death or Careless Driving causing bodily harm or death.

If the police would like to proceed criminally with a traffic related offence, you would be charged with Dangerous Driving. Dangerous operation of a motor vehicle reads as follows under the Criminal Code:

“Operating a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place”

Regular Ticket VS. Summons

Beyond the two versions of Careless Driving Ontario, there are two versions of traffic tickets that you can receive.

1. You can receive a traffic ticket that has a set fine, which means that it is your choice if you wish to fight the ticket in court.

2. The second type of traffic ticket is one without a set fine; a court date is written on the ticket, you are required to attend court and answer to the charges against you. This type of ticket is better known as a summons.

Types of Careless Driving Tickets in Ontario

There are three types of Careless Driving Tickets that you can receive:

Careless Driving with an accident.
Careless Driving without an accident.
Careless Driving causing bodily harm or death.

In order to determine what version of Careless Driving you have been charged with, you will need to look at the section number on the ticket.

If you have been charged with Highway Traffic Act 130 (1), this means that you were charged with Careless Driving with an accident or Careless Driving without an accident.

If you have been charged with Highway Traffic Act 130 (3), this meanas that you were charged with Careless Driving Causing Bodily Harm or Death.

While the definitions of Careless Driving are extremely broad, there is a reason for this. The charge was created with the intent of being used in almost any situation. For this reason, it is classified as an umbrella or default charge. This is why it is one of the most common charges under the Highway Traffic Act.

In hopes of further defining the charge, the Act now specifies what reasonable consideration means.
It reads as follows:

“A person is deemed to drive without reasonable consideration for other persons using the highway if he or she drives in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway.”

While the intention was to define this charge in further detail, it has actually made it less specific. The definition uses the word “may”, which implies that something could potentially happen. This already broad charge, has now become more vague.

Impact Of Careless Driving On Your Insurance

Every insurance company treats a Careless Driving ticket in Ontario their own way. It is without a doubt that your insurance rates will rise if the Court of Law finds you guilty of this offence. Additionally, if you are younger there is a high probability that you will see a larger increase than others. It is also likely that this increase would continue for a period of 3 years while the traffic ticket is currently on your record.

Although you have been charged, that does not mean your insurance rates will go up right away. Depending on how regularly your insurance company checks your policy to see if you have received a traffic ticket, there is the possibility you might be able to avoid an increase for a small period of time or all together.

How To Get A Careless Driving Ticket Dismissed In Ontario

Fight it! This is the only option you have if you want your ticket withdrawn or dismissed. Here are your six steps to follow:

1. Don’t plead guilty or pay the ticket.
2. Select option three on the ticket and take it to trial.
3. File your ticket with the court within 15 days.
4. Request the disclosure or officer’s notes.
5. Prepare for trial.
6. Attend your court date prepared and ready to fight your careless driving ticket.

Remember, you have the legal right to go to trial and view all the evidence against you. The courts must prove you committed this act beyond a reasonable doubt; if they don’t, that’s grounds for dismissal. The advantage of taking the matter to trial is that the ticket and demerit points do not go on your record during that period. Only if you are found guilty will the ticket and demerit points be added to your driving record.

Your best chance at getting the ticket withdrawn or dismissed would be hiring a legal representative and taking the matter to trial.

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