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Some Tips for Landlords (Rental Contract Suggestions)

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Some Tips for Landlords

Rental Contract Suggestions

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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.

Some advice to new LLs

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
LPMA London Property Management Association
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.
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…

credit check

A credit check, while important, is not always a definitive picture as to a tenant’s finances. Some may have a large balance on their cards that they are working to bring down, or a similar situation that impacts their score. My tenants have a terrible score but have never missed a payment. Some people just need help, don’t forget to be human. That’s the part too many of the slumlords in this group forget.

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Stunt_Driving

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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.

Refugee @Riolaw.ca

En_Immigration_Refugee_define

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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

OR

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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What to do next?

If you believe you may be a convention refugee or a person in need of protection, have already made a claim for refugee status or have been refused for refugee status, and would like assistance, we encourage you to contact us!

Traffic_careless_Driving

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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 PenaltyDetails
Demerit Points6 Demerit Points
Fine$400.00 To A Maximum Of $2,000.00
Jail SentenceUp To Six (6) Months
Licence SuspensionPossible Two (2) Year Suspension
Novice Drivers Licence SuspensionAutomatic Suspension
InsuranceIncrease 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 PenaltyDetails
    Demerit Points6 Demerit Points
    Fine$2,000.00 To A Maximum Of $50,000.00
    Jail SentenceUp To Two (2) Years
    Licence SuspensionPossible Five (5) Year Suspension
    Novice Drivers Licence SuspensionAutomatic Suspension
    InsuranceIncrease 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.

Careless Driving Ontario 2

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.

DEMERIT POINT

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DEMERIT POINT

Overview

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

The Demerit Point System in Ontario is a way for the Ontario Ministry of Transportation to monitor your driving. All individuals who drive a vehicle in Ontario are subject to this system only when they are convicted of an offence under the Highway Traffic Act. The system is in place to encourage drivers to continue to improve their driving ability and ensure that drivers in Ontario are not abusing their privilege to drive.

Demerit points are added (not lost), if you are found guilty of a traffic ticket offence. The amount of points you gain vary per charge. If you obtain too many demerit points, there is a possibility you could lose your licence.

You start with zero (0) points and go up to fifteen (15). A demerit point will stay on your record for a maximum of two (2) years from the offence date. Once two (2) years has passed, they will automatically be removed from your record.

Don’t assume that if the demerit points are not written on the ticket, there are no points associated with the charge. Police officers and the courts are not affiliated with the The Ministry of Transportation and therefore are not required to tell you or write on the ticket how many demerit points are associated with that charge.

If you receive a ticket in:
1. Other Canadian Provinces and Territories.
2. The State of New York.
3. The State of Michigan.
Demerit points can be assessed to your licence.

What Happens If I Get Out Of Province Demerit Points?

Ontario Demerit Points Chart

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:

We have listed below some of the most common charges laid by police officers and the amount of demerit points attached to them.

Description Of OffenceDemerit Points
Failing to Remain at the Scene of a Collision7
Failing to Stop When Signaled or Asked by a Police Officer7
Careless Driving6
Stunt Driving6
 Failing to Stop for a School Bus6
Speeding: Exceeding Speed Limit by 50 km/hour or more6
Fail to Stop at Railway Crossing5
 Speeding: Exceeding the Speed Limit by 30 to 49 km/hour 4
Following too Closely 4
Fail to Yield to Pedestrian4
 Speeding: Exceeding the Speed Limit by 16 to 29 km/hour 3
Driving While Holding or Using a Hand-held Wireless Communications Device3
Unsafe Move – Lane or Shoulder3
Driving Through, Around or Under a Railway Crossing Barrier3
Driving the Wrong Way on a Divided Road3
Driving or Operating a Vehicle on a Closed Road3
Failing to Yield the Right-of-Way3
Disobey Stop Sign3
Failing to Obey a Traffic Control Stop/Slow Sign, Traffic Light or Railway Crossing Signal3
Failing to Obey the Directions of a Police Officer3
Failing to Report a Collision to a Police Officer3
Failing to Slow and Carefully Pass a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing3
Failing to Move, Where Possible, Into Another Lane When Passing a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing3
Improper Passing3
Improper Use of a High Occupancy Vehicle Lane3
Going the Wrong Way on a One-way Road3
Crowding the Driver’s Seat3
Improper Right Turn2
Improper Left Turn2
Improper Opening of a Vehicle Door2
Prohibited Turns2
Towing of Persons on Toboggans, Bicycles, Skis, etc.2
Unnecessary Slow Driving2
Backing Up on Highway2
Failing to Lower Headlamp Beams2
Disobey Sign2
Failing to Stop at a Pedestrian Crossing2
Failing to Share the Road2
Failing to Signal2
Driver Failing to Wear a Seat Belt2
Driver Failing to Ensure Infant/Child Passenger is Properly Secured2

Ontario Speeding Tickets and Points

Determining the amount of demerit points you receive is reflective of how fast you were traveling.
The faster you were traveling, the more demerit points will be assessed.

Speed RangeDemerit Points
0 to 15 km/hour Over Speed Limit
  • 0 Demerit Points
16 to 29 kh/hour Over Speed Limit
  • 3 Demerit Points
30 to 49 km/hour Over Speed Limit
  • 4 Demerit Points
  • 30 Day Suspension for G1 and G2 Drivers
50 km/hour Over Speed Limit
  • 6 Demerit Points
  • 30 Day Suspension for G1 and G2 Drivers
Stunt Driving or Racing
  • 6 Demerit Points
  • 30 Day Licence Suspension
  • 14 Day Vehicle Impound
  • Minimum Fine of $2000
  • Maximum Fine of $10,000
  • Minumum 1 Year Licence Suspension
  • Max 6 Month Jail Time

Sturino Walker Legal will take the worry out of your traffic tickets and ensure your record stays clear.

It would be a privilege if you allowed us to be your representative.

G1 and/or G2 Drivers (Novice Drivers):

As a novice driver you face different consequences.

2-5 Demerit Points:
• You are sent a warning letter.
• Likely that you will have to attend an interview hearing to discuss your driving record

6-8 Demerit Points:
• Your licence could be suspended.

30 Day Licence Suspension:
• Convicted of a four (4) or more demerit point traffic ticket.
• Convicted of a graduating licensing requirement.

60 Day Licence Suspension:
• You receive 9 or more demerit points.

Graduated Licensing Requirements

G Class Drivers:

As a fully licensed driver you can accumulate a total of 15 demerit points.

2-8 Demerit Points:
• You are sent a warning letter.

9-14 Demerit Points:
• Your licence could be suspended.
• May have to attend an interview to discuss your record.

15 or More Demerit Points:
• You are given a 30 day suspension.

traffic_drink_and_driving

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Drink & Driving

Overview

Being charged for drinking and driving is certainly not a pleasant situation, especially if you are a first-time offender. You may not know what to expect or how to proceed with a first offence DUI.

This is further complicated by jurisdiction, and provincial, which means that local representation is an essential factor in your defence. You will need a law firm that is familiar with the DUI laws specific to your jurisdiction.

Driving Offences

There are a couple of charges that qualify as a driving offence, commonly called DUI (driving under the influence).

These include Impaired Driving, Over 80, failure or refusal to perform physical sobriety tests or give breath or blood samples.  This also includes Impaired Driving charges connected to driving under the influence of alcohol and/or drugs.This is noteworthy because as Canada moves to legalize marijuana, it will implement new changes to existing DUI laws. Marijuana consumption trends are changing, and with it the way in which people interact with and interpret the law.

Just the mere fact of sitting behind the wheel in a drunken state can have consequences in the form of a criminal record or license suspension, even if there was no intention of driving the vehicle. The Crown has to prove that you were under “care or control” of the vehicle while your abilities were impaired by alcohol. This can happen in cases where you have your car keys with you and you are in the front seat and the car is not moving. Even if your engine is not turned on, you can be convicted of impaired driving. Furthermore, if you fall asleep in the driver’s seat you are still considered to be in control of the vehicle

Drunk Driving vs High Driving

Drunk driving or driving under the influence of drugs is a crime, but what defines a DUI (Driving under the influence) or DWI (Driving while intoxicated)? The infographic bellow explains what is considered illegal in both Canada and the USA, and what are the differences.

While major policies are being discussed, Canada can look at how states such as Alaska, Colorado, Washington, Washington DC, and Oregon are implementing their existing laws and regulations on impaired driving. Can Canadian and US driving laws serve as a Canada’s marijuana manual on creating laws for drug-impaired driving? If the information and trends in the above infographic are anything to go by, we can very well see Canada constructing a similar legal framework in the near future.

Measuring alcohol levels and drug usage

Both Canada and the US drivers first have to take a breathalyzer test, which can determine level of alcohol in a person’s system.

By passing the breathalyzer test in the US, the driver also has to place an absorbent swab in their mouth and chew on it or touch it on their tongue. In some states (Colorado, California etc.) if an officer pulls over a driver suspected of driving under the influence of marijuana, the driver must take a sobriety test (“horizontal gaze nystagmus test”, “walk and turn test”, “one-leg stand”). The officer orders the driver to provide a blood, breath, or urine test. Also, police officers are using saliva drug test which can detect THC, meth, methadone, cocaine, and several other prescription medications.

In Canada, Police are currently testing roadside oral fluid drug screening devices. If suspected, drivers has to undergo a Standardized Field Sobriety Test (SFST).

When can you be charged with DUI?

There are 1,000 out of 50,000 DUI charges in Canada laid for driving under the influence of drugs each year. 50,000 people are arrested for drunk driving every year. Currently, you can be charged with a DUI if you were in control of a vehicle, even if you weren’t driving it. You can get DUI charge by either having a blood alcohol concentration at or over 0.080%, or by showing signs of impairment. In the USA, about 1,000,000 people get charges for drunk driving. Similar to Canadian laws, you become a DUI offender and can get a DUI charge if your blood alcohol level is above 0.08%.

What Is the Legal Limit for Blood Alcohol Levels? How Much Can I Drink Without Getting Charged With DUI?

You can still probably have a drink or two as long as you don’t hit the limit for blood alcohol level which is 0.05 in Ontario if you have a full G license. Ontario is one of the provinces that has “warn range”  laws. So if you have between 0.05 and 0.08 you will lose your license for 3 days and you will need to pay the associated fines. The fines for the warn range are usually up to $180 (administrative monetary penalty) .

If this happens to you more than once, and you get one more warn range charge within a 5-year period, you could lose your license for 7 days. In addition, you will have to attend an alcohol treatment program and to pay a $180 penalty.

If it happens that in the same 5-year period you get charged for a third time, you will lose your license for 30 days, be required to pay a fine in the amount of $180, attend an alcohol treatment program and  install an interlock device for a 6-month period.

More serious DUI Ontario charges can be laid if your blood alcohol level is over 0.08.

What Are the Ramifications If I Hit the Limit of 0.08?

You will immediately get your license suspended for 90 days, your vehicle will be impounded and you will have to pay the same amount of money as for the warn range – $180. If convicted for impaired driving, first time offenders can expect to face the following penalties: $1000 fine, 1-year license suspension, required use of an interlock ignition device for at least one year and attendance at an alcohol treatment program.

If convicted and you are a second-time offender, apart from the mandatory alcohol treatment program, you can expect the following penalties: a 30-day minimum jail sentence, license suspension for 3 years and when you get your license back you will be required to equip your vehicle with an interlock ignition device for an additional 3 more years. Moreover, you will likely be fined in an amount determined at the discretion of the judge.

If convicted for impaired driving more than two times, the penalties are harsher: the minimum jail sentence is 120 days and your license can be suspended for a lifetime, although in some cases this penalty can be reduced to 10 years. You will also be fined in an amount determined by the discretion of the judge and have the lifetime requirement to drive a vehicle with an interlock ignition device

What are the penalties for impaired driving?

For drunk driving in Canada,

A first-time offender should pay the fine of $1000. In addition to that, a person charged with DUI should pay a monthly fee for installing an ignition interlock device in his/her vehicle, which is about $1,350.

Court costs can range between $2,000 and $20,000. A license reinstatement fee is $150. One should also expect to pay a minimum of $18,000 for the increases in insurance costs.

 penalties range from monetary fines to jail (A $1000 fine + 12-month driving prohibition to 120 days in jail + 36-month driving prohibition) depending on whether there are previous sentences, but your license is often suspended. However, you can reclaim it under certain conditions.  If you harmed a person physically, maximum jail sentence is 10 years. If you killed a person, maximum sentence is life in prison.

Meanwhile in the USA, the penalties for a DUI, DWI and OWI (operating while intoxicated) vary by state and jurisdiction. For a first or second offence, the penalties include: fines up to $5,000, loss of (or serious restrictions on) one’s driver’s license for 3-6 months possible jail time. As for drug-impaired driving, in Colorado the first conviction penalties are 9 month license suspension, 5 days to 1 year in jail, 48-96 hours of public service and fine up to $1000.

Can I Be Charged if I Refuse to Take the Breath Sample Test?

Yes, you can be charged with the offence of refusal or refusal to blow (criminal code 254(5),  unless you have a reasonable excuse for not taking the test. It is interesting to note that the penalties for the refusal charge are the same as penalties for DUI charges: $1000 for first offence, 30 days jail sentence for the second, 120 days jail sentence for the third offence. In addition to that, you will get a criminal record for the first time offender.

What is considered as a reasonable excuse for not taking the breath sample test or breathalyzer test?

It depends on the particular situation, one reason may be considered reasonable in one case, whereas it won’t be considered reasonable in another.  Some examples of reasonable excuses may related to a medical nature – different health issues that restrain a person from taking the test. There may be other reasons as well, but the general expectation is that one take the test.

What Is the Difference Between a Roadside Breath Sample Test and a Breathalyzer Test?

The roadside breath sample test is a screening device used by the police at the side of the road when they pull you over under suspicion that you were driving impaired. The breathalyzer test is carried out at the police station and it is more precise than the roadside test.

How Does a Breathalyzer Work?

A breathalyzer is an instrument used by police to define the specific quantity of alcohol in your breath. It uses infrared energy which passes through the breath sample which indicates the amount of alcohol. Some machines use 2 and others use 3 different infrared frequencies. Those machines that use 3 are more accurate, however they are not infallible.

What Are the Police Allowed to Do When They Stop My Vehicle?

The police can always ask to see your driver’s license and insurance. If the police suspect that you are driving under the influence you will be asked to take a physical sobriety test or a roadside breath test. They don’t have to wait for a lawyer before taking the test. However, if you are taken to the police station to have a breathalyzer test, the police will have to give you the right to speak to your lawyer before taking the test.  

How to Behave With the Police?

It is important to keep in mind that refusal to blow into a breath test or agree to a blood test without a reason has the same consequences as blowing over 80. However, you are not obligated to tell the police how much you had to drink. You are free to remain silent.

Also, it is important to know that the police must use one of the official testing methods – trying to smell alcohol on you is certainly not an official way to reveal how many drinks one had. However, the police have a right to use all possible legitimate methods to establish if somebody was impaired while operating a vehicle.

کنترل اجاره در انتاریو – Rent control in Ontario

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قوانین کنترل اجاره در انتاریو

کنترل اجاره در انتاریو قانونی است که بر اساس آن دولت از مستاجرین حمایت میکنند و اشاره به سیستمی از مقررات اجاره در انتاریو, کانادا است که براساس آن مبلغ  اجاره و محل اقامت اجاره  را برای مستاجر محدود و امنیت را برای آنها به ارمغان می آورد.

به کانادا درخواست پناهندگی میکنند سالانه

قررات اجاره اولین بار در انتاریو تحت عنوان قانون ملی مسکن 1944. پس از لابی توسط تجارت در کمتر از یک دهه لغو شد.

تاریخچه مدرن کنترل اجاره در ژوئیه سال 1975 آغاز شد قانون بازنگری اجاره مسکونی سال 1975 پس از آنکه تقاضا برای کنترل اجاره به مسئله اصلی در دوره منتهی به سال 1394 تبدیل شد ، تصویب شد انتخابات استانی 1975. در سال 1979 ، قانون اجاره های مسکونی مصوب شد

در سال 1985 ، جدید لیبرال دولت کنترل اجاره را با قانون تنظیم اجاره مسکونی و در سال 1992 حزب دموکرات جدید دولت باب رائه گذشت قانون کنترل اجاره 1992.

قانون اجاره های مسکونی ، 2006

قانون فعلی سال 2006 که در انتاریو  حاکم است روابط بین موجر و مستاجر املاک مسکونی را بیان کرده است. این قانون رضایت سلطنتی را در  22 ژوئن  2006 دریافت و در 31 ژانویه 2007 به قانون اعلام شد. این قانون  هیئت مالک و مستأجر را به عنوان جایگزینی برای دادگاه مسکن اجاره انتاریو رسمی کرد.

کنترل اجاره در انتاریو قبلاً فقط به واحدهایی اعمال می شد که برای اولین بار قبل از اول نوامبر 1991 ساخته یا اشغال شده بودند. اگر واحد اجاره در ساختمان آپارتمانی ساخته شده باشد (یا از کاربری غیر مسکونی تبدیل شده باشد) بعد از اول نوامبر 1991 ، مقررات کنترل اجاره قانون اجاره مسکونی ، 2006 اعمال نمیگردید. در تاریخ 20 آوریل 2017 ، نخست وزیر انتاریو کاتلین وین ، همراه با کریس بالارد ، وزیر مسکن ، برنامه مسکن عادلانه را اعلام کرد. این طرح شامل مقرراتی برای پس گرفتن معافیت کنترل اجاره پس از 1991 است به گونه ای که کلیه واحدهای اجاره خصوصی ، از جمله واحدهای ساخته شده یا اشغال شده اول یا بعد از اول نوامبر 1991 ، تحت کنترل اجاره قرار می گیرند. این تغییر از 20 آوریل 2017 اعمال شد

نخست وزیر انتاریو ، دولت محافظه کار داگ فورد در سال 2018 قانونی وضع کرد بنابراین ساخت و سازهای جدید تحت کنترل اجاره نیست. کنترل اجاره در مورد ساختمانهای جدید ، اضافات به ساختمانهای موجود و بیشتر آپارتمانهای زیرزمین جدید که پس از 15 نوامبر 2018 برای اولین بار برای اهداف مسکونی اشغال می شوند ، اعمال نمی شود.

مسئولیت‌های مستأجرین خانه کانادا

  1. در پرداخت به موقع و کامل اجاره کوشا باشید. اگر به هر دلیل نمی‌توانید آن را به موقع پرداخت کنید، حتماً از قبل صاحب خانه را در جریان قرار دهید.
  2. ملک را تمیز و سالم نگه دارید.
  3. اگر هر گونه ایرادی در خانه مشاهده می‌کنید حتماً آن را به صاحب خانه اطلاع دهید تا برای رفع آن ایراد اقدام کند.
  4. صاحبخانه اجازه خواهد داشت برای تعمیر ملک یا نشان دادن آن به مستأجرین آینده، با اطلاع قبلی وارد ملک شما بشود.
  5. اگر قرار است اجاره نامه را فسخ کنید، حتماً از قبل به صاحبخانه اطلاع دهید.
  6. به محض تمام شدن زمان قرارداد، ملک را تخلیه کنید.
  7. در هنگام تخلیه ملک، حتماً کلید را به صاحبخانه تحویل دهید.

مسئولیت‌های مالکین و صاحبان خانه کانادا

  1. اجاره منزل خود را به موقع دریافت کنید.
  2. از فیش‌های اجاره کپی تهیه و نگهداری کنید.
  3. از استانداردهای بهداشتی و ایمنی ملک خود اطمینان حاصل کنید.
  4. ملک خود را با شرایط مطلوب به مستأجر تحویل دهید.
  5. هزینه ی مربوط به تعمیرات و نگهداری ملک، از جمله تأمین آب سرد و گرم را پرداخت کنید.
  6. شرایط مسالمت آمیز را برای مستأجرین فراهم نمایید.
  7. از تمامی لوازم منزل در اجاره نامه، نام ببرید.
  8. خدمات مربوط به محیط‌های خارج خانه مانند راه روها و حیاط را انجام دهید.
  9. خانه را از هر گونه حشره و آفات، پاک کنید.
  10. در صورت عدم پرداخت اجاره توسط مستأجر، مورد را خاطر نشان کنید.
  11. هرگز بدون اجازه و اطلاع قبلی به مستأجر، وارد ملک او نشوید.

در دادگاه های کانادا تصمیم جهت

Non-payment of rent

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Non-payment of rent

termination of tenancy | Landlord tips

Non-payment of rent by a tenant can cause serious headaches to the small landlord. Below is a guide for landlords on everything you need to know about non-payment of rent in Ontario & termination of tenancy.

When is rent considered late?

Rent is considered late if it’s not paid on the day that it’s due. So for example, if the rent is due on the first day of the month, it would be considered late on the second day.

What should you do as a landlord?

It’s recommended to start the process of issuing an N4 (Notice to End a Tenancy Early for Non-payment of Rent) to the tenant as soon as possible.

What is an N4 notice?

An N4 notice is a notice to end a tenancy early for non-payment of rent. A few important notes about the N4:

  • Only you (the landlord) or your legal representative can serve the N4 notice.
  • Gives the tenant 14 days to either pay the full amount owing or move out by the termination date.
  • The tenant can ignore the notice and wait until you file with the Landlord and Tenant Board (LTB)
  • Ensure that there are no errors on the N4 notice, otherwise, the LTB Tribunal may deem the notice invalid.

Names on the notice

  • Include names of those that are on the lease agreement.
  • If your tenant uses a nickname, include their nickname and legal name on the N4 notice.
  • If there is a joint tenancy (2 or more tenants), include the names of all tenants.
  • Include full names of all of the landlords.
  • Occupants are not required to be on the notice.
  • Include the FULL address of the rental unit and if required also include the level and unit number.

If you make a mistake on any of these the LTB Tribunal may ask you to start the process over.

Signatures required

  • Only you (the landlord) or your legal representative can sign and serve the N4.
  • If there are multiple landlords, only one of you needs to sign the notice.
  • The date next to the signature is the date that the notice will be given to the tenant.
  • If there are multiple tenants, they all need a copy of the N4.

Other important notes

  • You can only list rent arrears on the N4 given to the tenants.
  • You cannot claim unpaid utilities on the N4
  • If you have already served the tenant with an N4 notice and another month becomes past due, do not serve them with another one unless the money owed on the last month has been paid.
  • You can file the N4 with the LTB by way of an L1 application to evict a tenant for non-payment of rent as early as the day after the termination date on the N4.
  • If you don’t file the N4 within 30 days of the termination date, the N4 becomes void.
  • The current (as of December 2021) average amount of time to receive a hearing is 9-12 months.

How you can serve notice to your tenants

    • Handing it to the tenant in person.
    • Handing it to another adult in the rental unit.
    • Placing it in the mailbox.
    • Sliding it under the door.
    • Faxing it to the tenant.
    • Registered mail or courier.

    If you are using mail, registered mail, or courier, you must add 5 days to the termination date.

The hearing with the LTB

    • As of August 2021, the LTB is holding video and telephone hearings.
    • Anyone can attend, either as a party to a notice of hearing or as an observer.
    • You or your legal representative must attend the hearing, otherwise, the hearing will go on without you.
    • The LTB encourages landlords and tenants to work together on a repayment plan.

The Eviction

Once the process with the LTB has run its course, you will have an eviction notice in place. Here’s what will happen on the date of the eviction.

  • The sheriff will arrive to evict the tenant.
  • The sheriff will post a notice of vacant possession to the door.
  • They will grant you vacant possession and the door locks will be changed.
  • You must provide the tenant access to the property for 72 hours in order for the tenant to remove their belongings.
  • After the 72 hour period, the landlord can dispose of, sell or keep anything that’s left on the property.

Enforcement of collection of arrears

In addition to an eviction, the LTB may enforce the collection of arrears rent by:

  • Garnishment of wages (if the tenant is employed)
  • Garnishment of bank account (if you have the tenants banking information)