Landlord and Tenant Board's 'digital first' system harms vulnerable renters: advocate
An Ontario tenant advocacy group says it has filed a human rights complaint arguing the provincial Landlord and Tenant Board's switch to a “digital first” strategy centred on virtual hearings during the pandemic discriminates against vulnerable renters.
The Advocacy Centre for Tenants Ontario said the complaint was filed with the Ontario Human Rights Tribunal on behalf of a 77-year-old woman in North Bay, Ont., who alleges the board dismissed her application after she experienced issues with the new, digital system.
Lorraine Peever lives alone in subsidized housing, does not have a computer or cellphone, and has primarily attempted to participate in her hearings with the board through a landline, the organization said. The group added the board did not respond to Peever's request for an in-person hearing.
The advocacy group said it is also planning to file several more applications on behalf of other tenants whose rights it alleges were violated because of the change.
Tribunals Ontario, which includes the Landlord and Tenant Board, embraced a range of digital tools such as virtual hearings and online document filing in 2020 in response to the COVID-19 pandemic.
The tribunals then moved to a new digital case-management system late last year in an effort to combat delays and case backlogs exacerbated by the pandemic.
A spokesperson for Tribunals Ontario confirmed the Human Rights Tribunal of Ontario received an application from the advocacy group, but declined to comment further, citing the adjudicative process.
In her application to the tribunal, Peever said her building has ongoing issues with bedbugs and she started seeking compensation in 2019 for the loss of her belongings due to infestations.
Peever spent “considerable time and energy” over the years trying to get her case heard by the board after it was dismissed several times, in part due to issues accessing the online system, the document alleges.
“It simply should not be this much of a trial for an elderly person to access justice,” the application reads.
Before the pandemic, the board's hearings typically took place in person, or sometimes by phone for lower-priority applicants in cases not involving evictions and in remote parts of northern Ontario, said Ryan Hardy, ACTO's staff lawyer.
The board also had regional offices across the province where applicants could go to ask questions and talk to lawyers, Hardy said.
The “digital first” approach assumes applicants have a computer with a webcam, and if they don't, they're expected to phone in, he said. “Then they're only partially participating because they can't see anything that the other participants can see on video,” he said.
“Then it also assumes that you can do these things, you have the technological know-how to do it, that you're not impeded by disabilities in any way,” Hardy said.
There are other issues with the current system, including that it is harder for an applicant to give their version of events in cross-examination and to submit and view supporting documents, he argued.
The organization is seeking a number of systemic reforms to improve accessibility, including making in-person hearings an option equal to remote hearings and reopening physical locations to allow for in-person filing of documents.
This report by The Canadian Press was first published June 29, 2022.
CTVNews.ca Top Stories
BREAKING Iran fires air defence batteries in provinces as explosions heard near Isfahan
Iran fired air defence batteries early Friday morning after reports of explosions near a major airbase at the city of Isfahan, the state-run IRNA news agency reported.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.