Termination of Tenancy (Care Homes)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2268
Page Categories:	[Care Homes (LTB)]
Citation:	Termination of Tenancy (Care Homes), CLNP 2268, <https://rvt.link/80>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/09/18

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

2 (1) In this Act,

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“care home” means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; (“maison de soins”)

“care services” means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; (“services en matière de soins”)

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3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

(1.1) In interpreting a provision of this Act with respect to a member unit of a non-profit housing co-operative, if a provision in Part V.1 conflicts with a provision in another Part of this Act, the provision in Part V.1 applies. 2013, c. 3, s. 22 (2).

(2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IX conflicts with a provision in another Part of this Act, the provision in Part IX applies. 2006, c. 17, s. 3 (2).

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(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4).

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144 (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if,

(a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord;

(b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than the prescribed period; and

(c) the period of tenancy agreed to has expired. 2006, c. 17, s. 144 (1).

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148 (1) A landlord may apply to the Board for an order transferring a tenant out of a care home and evicting the tenant if,

(a) the tenant no longer requires the level of care provided by the landlord; or

(b) the tenant requires a level of care that the landlord is not able to provide. 2006, c. 17, s. 148 (1).

(2) The Board may issue an order under clause (1) (b) only if it is satisfied that,

(a) appropriate alternate accommodation is available for the tenant; and

(b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant’s care needs. 2006, c. 17, s. 148 (2).

(3) If a dispute arises, the dispute shall be sent to mediation before the Board makes an order. 2006, c. 17, s. 148 (3).

(4) If the landlord fails to participate in the mediation, the Board may dismiss the landlord’s application. 2006, c. 17, s. 148 (4).

Ottawa-Carleton Association for Persons with Developmental Disabilities/Open Hands v. Séguin, 2020 ONSC 7405 (CanLII)

[1] Ottawa-Carleton Association for Persons with Developmental Disabilities/Open Hands (“the appellant”) appeals an order of the Landlord and Tenant Board dated September 5, 2019 that ordered it to reinstate the respondent André Séguin to the care home in which he had been living prior to his eviction. The appellant argues that the Board had no authority to order reinstatement, and it had denied procedural fairness to the appellant during the hearing that led to the order.

[2] For the reasons that follow, I would dismiss the appeal, as the Board had the statutory authority to make the reinstatement order, and there was no denial of procedural fairness in the way the hearing was conducted.

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[24] In the final decision dated September 5, 2019, the Board found that the appellant had substantially interfered with the respondent’s reasonable enjoyment of the rental unit or the residential complex, because it had evicted him without proper notice of termination and without an order of eviction from the Board. The member concluded that it was appropriate to order the respondent reinstated to possession of the rental unit, and she ordered that he be allowed to return to the rental unit immediately.

[25] In her reasons, the member stated that there was insufficient evidence to prove that there had been illegal entry to the rental unit or that the lock to the rental unit or the residential premises had been changed. She also rejected the argument that there had been an “induced vacating” under s. 31(2).

[26] The member explained why she refused to hear the appellant’s evidence with respect to the reasons that the tenant was evicted, relying on s. 23(1) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22 (the “SPPA”). At para. 9, she stated,

In my view, allowing the Landlord to introduce evidence regarding what led to the Tenant’s unlawful eviction would have amounted to an abuse of process as it would have allowed the Landlord to circumvent the Act’s requirements respecting how landlord’s [sic] can lawfully terminate a tenancy.

[27] The member considered the appellant’s arguments against reinstatement, including the fact that JJ had been assigned the room by the Ministry, and that employees might refuse to work and the appellant might have to close the home. However, she concluded that she could order reinstatement pursuant to s. 31(1)(f) of the Act in the circumstances, and reinstatement was the proper remedy. As she stated (at para. 13),

In my view, it is the Landlord which put itself in this position by unlawfully evicting the Tenant and it would be unfair to deny the Tenant the right to return to the rental unit due to Landlord’s failure to take the steps necessary to terminate the tenancy and evict the Tenant in accordance with the Act. Therefore, I find that the Tenant must be permitted to return to the rental unit immediately.

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