Residential Tenancies Act

You need a licensed,experienced paralegal to represent youCivil Litigations are experts in Small Claims Court representation, Landlordand Tenant Board representation, and also offer process serving in the GreaterToronto area. Free Initial Consultation – Our Firm offers a free initialconsultation in order to better understand and evaluate your legal servicerequirements. The Law Society of Upper Canada’s rules require that paralegalsoffer services at the same high standard as lawyers. Our paralegals are licensedby the Law Society of Upper Canada to provide paralegal services in OntarioCanada. Call us at 416-229-1479Small Claims Court Landlord & Tenant Board Process Serving

OUR SERVICES“Small Claims Court Experts” Small Claims Court Civil Litigationsrepresents Both Plaintiffs & Defendants The monetary jurisdiction of thesmall claims court is now $25,000.00. Plaintiff representation ranges from theinitial drafting and filing the claim, arranging for process serving (to avoid anydisputes over service that can occur with service by other methods), torepresentation at settlement conference, trial, and judgment recovery. ForDefendants a paralegal will draft defences, draft and serve Defendant’s Claimswhere appropriate, and represent to settlement conference and trial. Our firmsuccessfully negotiates settlement in more then 50% of our cases. If CivilLitigations are unable to settle the case and it goes on to trial, you can benefitfrom our experience of preparing questions, and knowing what witnesses anddocuments are necessary to be successful. Are you familiar with the SmallClaims Court Rules? Our firm is. Civil Litigations can obtain for you themaximum cost award allowable at trial. Small Claims Court Services Since1996 our firm has provided full small claims court services, includingpreparation of the following forms: Plaintiff’s Claim Affidavit for Jurisdiction Defendant’s Claim Defence Affidavit of Service List of Proposed Witnesses Request to Clerk Default Judgment Notice of Motion and Supporting Affidavit Certificate of Judgment Notice of Examination Notice of Garnishment Notice of Garnishee Hearing Writ of Seizure and Sale of Lands Writ of Seizure and Sale of Personal Property

Civil Litigations represents at all small claims court hearings including: Settlement Conferences Terms of Payment Hearings Trials Assessment Hearings Motions Jurisdiction HearingsDo you have a settlement conference scheduled? Do you think it is no big deal?Think again. At Civil Litigations your paralegal knows the importance of asettlement conference. Often, this is the most important hearing in the smallclaims court process.Ten reasons why a settlement conference may bethe most important hearing in a small claims court case You can request that a judge at a settlement conference make many different orders. A judge is permitted to make orders including: adding or deleting parties, staying the action, amending or striking out a claim or defence, staying or dismissing a claim, directing production of document, changing the place of trial, directing an additional settlement conference, and ordering costs. (See Small Claims Court Rules 13.05(1)(2)) The settlement conference is the place you and your legal representative can learn more about your opponent’s case. Discussions at settlement conference usually include specifics of matters only touched upon in the pleadings. A good legal representative will use what they hear at settlement conference to help them prepare for trial. Listen to the opposing side. Try to see the case from their point of view. A good legal representative tries to see the case from their opponent’s point of view. This helps them better assess the strengths and weaknesses of their client’s case. The judge at a settlement conference may make suggestions to both sides regarding what they can do to better prepare for trial. (See Small Claims Court Rule 13.03(1)(d)) This is your chance early in a small claims court proceeding to try to settle the case, before you spend a lot of time and money preparing for trial. The settlement conference judge may give an opinion on who they think will be successful at trial, and why. Although, there will be a different judge if the matter proceeds to trial, it is valuable to hear a judge’s opinion. Can the settlement conference judge make a final and binding decision on who wins and loses without a formal trial? Yes – provided Small Claims Court Rule 13.05(4) applies. If the amount of the claim(s) is less then the appealable limit (currently $2,500.00).

Most Defendants who settle the case pay the agreed upon settlement amount. In most cases where a judge decides a case at trial, the Defendant does not voluntarily make payment to the Plaintiff. The Plaintiff who wins at trial often has to spend more money and time trying to enforce their judgment. It has been said that sometimes the worst thing that can happen for a Plaintiff is they go to trial and obtain a judgment.Landlord and Tenant BoardRepresentation in the Landlord and Tenant Board can be difficult, confusing,and frustrating. You need an experienced licensed paralegal on your side whoknows the Residential Tenancies Act, the Board’s rules, guidelines, forms, andthe applicable case law.Too often, landlords come to us only after the Landlord and Tenant Board hasdismissed their application for a technical reason.If the first notice given to the tenant for non-payment of rent, called an N4, isdefective the application will be dismissed. The N4 can be defective due to notusing a form in substantial compliance with the act (See: section 185 of theAct), failing to properly serve the tenant(s), failing to properly calculate thetermination date, or adding utilizes to the calculations of unpaid rent.Notices to tenants such as an N5 must contain sufficient details and dates. Ifthe Notice of Termination is confusing to the degree that a reasonable personcould not understand precisely what it means, it could be found to be defectiveand dismissed See: Ball v. Metro Capital Property (Div. Ct.)Most small landlords don’t know that even if they prove their evictionapplication, the board may still delay or deny an eviction due to section 83 ofthe Residential Tenancies Act.A tenancy can only be terminated by a landlord or a tenant with proper writtennotice as set out in the act, by written consent of the landlord and tenant, or byan order of the board.What documents and witnesses does the applicant need to prove their case at ahearing? This is different for ever case. Each type of application, whetherbrought by a Landlord or a tenant requires different proof.

You need an experienced licensed paralegal to represent you at the Landlordand Tenant Board. Civil Litigations knows what is needed to win your case.The stakes are too high to try and represent yourself. Civil Litigations areexperts at representing before the Landlord and Tenant Board.A decision of the board can mean an eviction order or not, a judgment formoney or not, and in the case of some tenant applications, a fine to be paid bythe landlord to the board or not.I am sure you are very good at your job. How well would I do trying to do yourjob for the first time without the proper education or experience?Can a tenant sign a lease containing which contains things contrary to the act?They can however section 3(1) of the Residential Tenancies Act states:“3. (1) This Act, except Part V.1, applies with respect to rental units inresidential complexes, despite any other Act and despite any agreement orwaiver to the contrary. 2013, c. 3, s. 22 (1)”.Unlike in court, unless there is a special order made there is no requirement tofile a Dispute or a Defence form. Often the applicant whether it is a landlord ortenant has no idea what defence will be raised.Section 82 allows a tenant to raise any issue in defence in a non-payment ofrent application which they could have been part of a rent application. Themost common section 82 issues raised by a tenant at a hearing are that thelandlord or the landlord’s agent has interfered with the tenant’s reasonableenjoyment of the premises, or the tenant raises maintenance issues.Section 83 requires the board to consider on every eviction application whetherto refuse to grant an eviction order unless satisfied, having regard to all thecircumstances,that it would be unfair to refuse; or to postpone the time for aneviction.The Board in determining whether to refuse an eviction or delay an evictionunder section 83 it can consider, but is not limited to looking at: “Whether the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement; the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;

the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights; the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; orA tenant can even raise issues under the Ontario Human Rights Code.Process Serving and Land/Title and ExecutionSearchesProcess Serving Civil Litigations offers service of documents in thegreater Toronto area and most of Ontario Our firm offers the same flatrate to almost every city in Ontario. Civil Litigations has process servers in over60 Ontario cities. Your flat rate of $130.00 + + (postage or upload fees toserver) + tax includes up to three attempts at service. We don’t change you forevery attempted service, or mileage costs, that our competitors charge. Yourflat rate includes providing you with an Affidavit of Service, or an Affidavit ofAttempted Service.Land, Title, Hidden Property and Execution Searches within OntarioAn Abstract Search will show the PIN, legal description, current owner’s nameand all current registrations, including the deed, liens, mortgages, plans andsurveys. The cost of the Abstract Only search is $125.00 + hst.A Basic Search which will provide: all the information in the Abstract Search(as above) plus full copies of the current deed and all current liens andmortgages, showing purchase price, names, addresses, amounts & terms. Thecost of the Basic Search is $150.00 + hst.The Full Search provides all the information of the Abstract and Basic Searchesabove, plus will show deleted instruments, being all deeds, liens & mortgages,registered on title since the date of conversion that have since been deletedand/or discharged. The cost of the Full Search is $175.00 + hst.An excellent tool if your want to know if a debtor owns any property (realestate) in Ontario is a Hidden Property Search. For only $250.00 + hst we will

list all properties in Ontario registered in a particular name. (Note: Furthersearches may be needed to confirm the date of birth on title matches the dateof birth of your debtor.)About UsCivil Litigations Paralegal Services has been serving Toronto and the GTA since1996. Civil Litigations are experts in Small Claims Court and Landlord &Tenant Board representation. Our firm also offer process serving, andjudgment enforcement services. Civil Litigations is regulated and licensed bythe Law Society of Upper Canada to provide paralegal services in Ontario. Ourowner Marshall Yarmus is a proud member of the Ontario ParalegalAssociationWhat is the definition of a paralegal in Ontario Canada? A paralegal is atrained and educated professional, who is licensed, insured, regulated by theLaw Society of Upper Canada, and is authorized to provide legal services to thepublic. Unlike Law Clerks or Legal Assistants who only assist lawyers andparalegals, a paralegal in Ontario can represent you with your legal matter byoffering you legal advice, filling out forms, and representing you in court ortribunals.What authorized legal services can a paralegal provide?A paralegal can provide legal services in the following areas of practice:  Small Claims Court (for matters up to $25,000.00);  Ontario Court of Justice under the Provincial Offences Act (e.g.: traffic tickets and offences under many provincial and municipal laws);  Criminal Court on summary conviction offences (maximum penalty does not exceed 6 months imprisonment and/or a fine exceeding $5000);  Accident Benefits under the Statutory Accident Benefits Schedule of the Insurance Act for minor injuries due to a motor vehicle accident; and  Administrative tribunals and boards such as the Human Rights Tribunal, The Landlord and Tenant Board, Workplace Safety and

Insurance Board (WSIB), Financial Services Commission of Ontario (FSCO), the Immigration Refugee Board (IRB) and hundreds of other tribunals and boards.What are the insurance requirements for a paralegal? Paralegals whoprovide legal services to the public must carry errors and omissionsprofessional liability insurance to protect the public should their paralegal failto act to the standard of a competent paralegal. Paralegals must carry errorsand omissions insurance coverage for each single claim of not less than $1million dollars and a total policy limit for all claims of not less than $2 milliondollars per year.Which Court and Tribunal Locations does Civil Litigations serve?Our firm represents clients at the following Small Claims Court locations:  Toronto  Brampton  Oakville  Burlington  Milton  Orangeville  Hamilton  Richmond Hill  Barrie  OshawaOur firm represents clients in the Landlord and Tenant Board at the followingboard locations:  Toronto North (North York, Toronto)  Toronto South (Downtown Toronto)  Toronto East (Scarborough, Toronto)  Mississauga (Central Region)  Whitby  Burlington  Orangeville  Newmarket  Barrie

CONTACT US Civil Litigations3089 Bathurst Street, suite 302 Toronto ON M6A 2A4 Phone: 416-229-1479www.civilparalegal.com