Tenants Get Free Legal Reprsentation While Landlords Pay

What irks me about Ontario’s Landlord and Tenant Board is that Tenants get free legal advise and representation while landlord’s are left out in the cold. Another pet peeve of mine is it costs a landlord $170.00 to file an application while a tenant only has to pay $45.00 – FREE if they say the landlord harassed them.

After my last hearing a couple of days ago I’m beginning to rethink tenants getting free legal help. After the tenant had his say, with his duty counsel lawyer by his side, I had my say. I thought I would be in and out quickly, but no!! The tenants free lawyer decided she needed time to review the case to properly represent the tenant. Earlier, when it was my turn to give evidence, I gave the tenant and his lawyer, as well as the adjudicator copies of all the evidence I planned on using. I got nothing from the tenant or their lawyer.

After a 4 hour delay, all the lawyer could come up with was one, old and out-dated case to support the tenant. The Residential Tenancies Act has changed a lot since that decision was rendered. On the other hand I handed to both the tenant and their lawyer, as well as the adjudicator, 3 current decisions that supported my case. Although the tenant’s lawyer had my case law for about 4 hours all she could come up with is old, out-dated case law.

It seems you truely do get what you pay for. Free legal representation is not all it’s cracked up to be.

I spent 3 hours researching my case and putting it together and another 5 hours at the hearing, plus 45 kilometres travel each way. Paralegals routinely charge $75.00 per hour and $1.51 per kilometre, plus dispersals. If we had to pay a paralegal it would have cost us well over $700.00!!! We cannot recover these costs, only the $170.00 application filing fee.

I think if landlords are not entitled to free legal representation, same as tenants, than out legal fees paid out shold be a recoverable cost awarded when we win.

I am the proerty manager of a fairly large mobile home park and am allowed to represent the landlord. I have over 10 years of experience. But what about the small landlord who has only one tenant and works full time else where?? They have to hire a paralegal or a lawyer at their own expense or represent themselves. I am not allowed to represent other landlords because I am not a licenced paralegal or licenced lawyer.

As it stands now the tenants lawyer can question my ability to represent the landlord in the hopes of having the landlord’s application thrown out.

I got a reserve decision on this case. The adjudicator wanted to check the case law and make sure the Act applies to the rental unit in question. I have no doubt that I won. I had a stronger case and better evidence than the tenant. The tenant was admonished for interupting me on three separate occaissions as well as bring up stuff such as bylaws that had nothing to do with the case. I’ll know in two or three weeks whether or not I won. I hate waiting!!