Terms Flashcards
abatement
reduction of rent because of deficiencies in a rental unit or building
abatement of rent
reduction of rent because of deficiencies in a rental unit or building, or other breaches by the landlord
above-guideline rent increase
a rent increase greater than the guideline
adjournment
postponement, usually of a hearing, and usually at the time that the hearing was to begin or after it has begun
administrator
a person who is appointed by the court to administer the property of a person who has died without naming an executor in a will
affidavit
a document in a Board of court proceeding in which a person sets out facts and signs before a public official while swearing that the facts are true (sworn statement)
affirm
approve and leave in place
age of majority
the age at which a person can make a valid contract or sue someone; the general age of majority in Ontario is 18
allegations
statements about facts that may or may not be true
amenities
services and facilities that come with a rental unit, such as a swimming pool, parking, laundry facilities, and an elevator
appellant
the person who makes an appeal applies to a situation that arose before the relevant legislation was enacted
arrears
payments that are past due
assignment of a tenancy
a tenant turning over the rights and obligations of a tenancy to a different tenant
bad faith
for improper purposes, in order to obtain an unfair advantage
by-laws
rules about public behaviour, usually enacted by a municipality
care home
building for people to receive care services such as health care or assistance with daily living
co-operative or co-ownership arrangement
ownership of a building by several people together, where each person has the right to occupy one unit in the building and exclude the other owners from that unit
co-owner
someone who owns property in common or jointly with one or more persons
collateral
related, as part of a larger agreement or action
commercial tenancies
tenancies of commercial properties such as shops or businesses
condominium
a type of ownership of individual units, generally in a multi-unit development or project
consideration
something of value given by both parties that induces each of them to enter an agreement
constructive discrimination
a rule or practice that unintentionally singles out a group of people and results in unequal treatment
corporation
a legal entity distinct from its shareholders or members, with liability separate from its shareholders or members, vested with the capacity of continuous succession (continues when members die)
cross-subsidization
using the housing charges paid by one member (above the cost of their unit) to subsidize another member’s housing charges (so that those housing charges can be below the cost of their unit)
debtor
a person who owes another person money
demising walls
walls between different rental units; from the notion that granting a lease is a “demise”
direction
a document telling someone to do something
discretion
independent decision-making power
Divisional Court
a branch of the Superior Court of Justice of Ontario in which judges hear appeals and applications for judicial review, including appeals of final orders from the LTB, Small Claims Court, and other administrative tribunals
eviction
removal of a tenant from a rented property, not by the tenants choice
exclusive jurisdiction
being the only legal body that can rule on a particular matter
executor
a person who is appointed in a will to administer the property of the person made the will after that person dies; in Ontario officially known as the estate trustee
exhaustive
covers every possibility or detail
forfeiture
losing a right because of failing to comply with one’s obligations
good faith
honestly, for the stated purpose, not meaning to obtain an unfair advantage
grandfathered
a situation or action is said to be grandfathered when it is allowed to continue even though a new rule or set of rules would prohibit it, or would impose new conditions on the person doing it
hearing
a formal meeting at which a decision-maker hears evidence and argument in order to make a decision
jurisdiction
the limits on what the Board can decide and how it must go about making its decisions
latent defect
a hidden flaw or weakness that is not discoverable through reasonable inspection
law reform commission
a group of legal experts who advise Parliament or a provincial legislature about potential law reforms
Law Society Act
the Ontario statute that regulates lawyers and paralegals
lawful rent
the rent that a landlord is permitted to charge a tenant
legal non-conforming right
the right of an owner to continue a pre-existing use of a property after a zoning by-law that prohibits the use comes into force
license (property)
an agreement for the use of a property in which the owner does not give the user the full rights that a tenant would have
limitation period
time limit that restricts when legal proceedings may commence
litigation guardian
a person who makes decisions in a Board proceeding on behalf of someone who is under the age of 18, or who is not mentally capable of participating in the proceeding for themselves
market rent
the rent that a landlord can expect to receive for a particular rental unit or type and size of rental units
negligent
failing to take proper care
non-profit housing co-operative
a form of non-profit housing where the housing is collectively owned and managed by its members who live in the house project
notice of entry
notice that the landlord intends to enter the rental unit
Ontario Court of Appeal
Ontario’s highest court, which considers appeals from decisions of the Superior Court of Justice, including from the Divisional Court, and the Ontario Court of Justice
overhold
a situation where the tenant remains in a rental unit after the tenancy has been terminated
precedents
previous decisions that determine or give guidance for current decisions
prejudice
inability or reduced ability to deal with a situation because of an act or omission
process server
a person whose job is to deliver court documents and other important notices
public housing
rental housing provided by a government body, usually at reduced rent to people with low income
rent control
rules that limit what rent increases landlords can charge tenants
rent geared to income
a rent determined on the basis of the tenant’s income, which in Ontario social housing is usually 30% of the tenants income
res judicata
Latin for “the thing has been decided”; once a claim is heard and decided by a court or tribunal, it cannot be heard again
rescheduling
postponement, usually of a hearing, before the hearing was scheduled to begin
rescind
cancel
respondant
the person who is on the other side of an appeal made by an appellant
retroactive
applies to a situation that arose before the relevant legislation was enacted
right of first refusal (to rent)
a right to be allowed to rent before the renovated unit is offered to other perspective tenants
rules of natural justice
the legal principle that parties affected by a decision are entitled to be given a fair opportunity to present their case to an unbiased decision maker (fair process)
security of tenure
the right of a residential tenant in Ontario to keep the tenancy unless the landlord has a specific reason to end the tenancy, as set out in the Residential Tenancies Act, 2006
seized
having begun to hear evidence in an application, the specific adjudicator must continue to hear the case until its resolution
services and facilities
things provided with a rental unit such as parking, appliances, common-area cleaning, lockers, laundry facilities, heating and AC
settled law
an interpretation that is no longer questioned or in dispute (the opposite of this is law that is not settled where there are two streams of authorities, one going each way on the question)
severance
a consent under the Planning Act to the division of land into two or more separate pieces of land
shareholder
someone who holds shares in a corporation
sheriff
officer who enforces orders of the courts or the Board
social housing
housing provided by a city or provincial housing authority, or other agencies such as non-profit housing corporations, primarily to those with low income
statute
a particular set of legal rules on a subject enacted by Parliament or provincial legislature
Statutory Powers Procedure Act
the Ontario statute that sets out the basic procedural rules for all tribunals
sublet of a tenancy
a tenant turning over the rights and obligations of a tenancy to a different tenant for a limited period of time
summons
a document prepared or signed by the Board that requires a person to attend a hearing to give evidence
Superior Court of Justice
the highest trial court in Ontario which individual judges decide important civil cases and serious crimes
tandem parking space
a parking space immediately in front of or behind another parking space
tenancy agreement
an agreement in which a property or part of a property is rented by a landlord to a tenant
tenant’s property
tenant’s belongings, such as furniture, clothes, and electronic equipment
trust
an entity in which one or more people, known as trustees, control property for the benefit of another person(s) (the beneficiary(ies) of the trust); the trustees are the “legal owners”, but the beneficiaries are the “beneficial owners” of the property, trusts are often used when the beneficiaries are children, but trusts are not limited to that situation
utilities
heat, hydro, and water supplied to the rental unit
vital services
fuel oil, electricity, gas, hot and cold water, and heat between September 1-June 15
wilful
intentional or deliberate
writ of possession
an order of the court that directs the sheriff to evict a person and give possession of a property to a person named in the writ of possession
