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
DEVELOPING Live updates as Stormy Daniels testifies at Trump hush money trial
Adult film star Stormy Daniels will take the stand a second time Thursday as former U.S. president Donald Trump’s hush money case continues in Manhattan. Follow live updates here.
BREAKING Sheldon Keefe out as head coach of Toronto Maple Leafs
The Toronto Maple Leafs have fired head coach Sheldon Keefe. The team made the announcement Thursday after the Original Six franchise lost to the Boston Bruins in seven games in the first round of the Stanley Cup playoffs.
Bank of Canada says financial system is stable, but risks remain
The Bank of Canada says the Canadian financial system is stable, but risks remain due to debt servicing costs among households and businesses and stretched valuations of financial assets.
Why these immigrants to Canada say they're thinking about leaving, or have already moved on
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
Torchbearers in Marseille kick off the Olympic flame's journey across France
Torchbearers carried the Olympic flame through the streets of France's southern port city of Marseille on Thursday, a day after it arrived on a majestic three-mast ship for a welcoming ceremony.
Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Court to hear about search for remains as Winnipeg murder trial enters second day
A courtroom in Winnipeg is expected to hear testimony today about the search for the remains of the four victims of Jeremy Skibicki.
Ontario man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.