Toronto Renters Forum
Landlords => Landlords => Akelius => Topic started by: TheDonway on June 28, 2022, 11:07:03 am
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Are applicants/respondents able to go to the front counter and review an agi file and documents.
If not how can one look at file.
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In general, YES!
Any tenant that is the subject of an AGI (or their representative) can request the Landlord's "Supporting Documentation" directliy from the Landlord and Tenant (although I think that there may be a small "copying" fee). The staff at the front desk should be able to look-up the case number, but if you can find-out your case number it will make things easier for them (the case number is likely given on any notices that you may have received from the LTB).
You should also be able to request this information from the landlord or their legal representative too. If you ask for this documentation, then they are required to give it to you. This right is given by section 2006, c. 17, s. 126 (4), of the Residential Tenancies Act:
Information for tenants
(4) If an application is made under this section that includes a claim for capital expenditures, the landlord shall make information that accompanies the application under subsection 185 (1) available to the tenants of the residential complex in accordance with the prescribed rules. 2006, c. 17, s. 126 (4).
Here's a link:
https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html?autocompleteStr=res&autocompletePos=1#sec126subsec4 (https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html?autocompleteStr=res&autocompletePos=1#sec126subsec4)
Just FYI, you can learn more information about AGIs from the guide: So You Just Received your first Above Guideline Rent Increase (https://www.torontorentersforum.com/index.php?action=tportal;sa=download;dl=item5)
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Thank you for your response.
There was a paralegal representative for the tenant association.
The day of the hearing the paralegal for the tenant association asked the Vice Chair since I am representing myself that I not be allowed to participate in the virtual meeting she was having with the paralegal for the landlord.
The vice chair concurred and I was excluded from this process.
Furthermore, prior to the hearing I received an email from the tenants association that stated because I am representing myself they will not disclose their evidence to me.
How do I get disclosure and a copy of the documents the tenant association submitted and communications between landlord and tenant association.
Thanks Frank.
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Oh, I see.
You want to see the deal that the other tenants made with the landlord, which is a completely different thing than the landlord's supporting documentation.
There is nothing stopping you from going into a LTB office and requesting a copy of the decision, and they may give it to you (if the final decision has been issued, it may become available to you). But on the other hand, because the adjudicator decided to keep the other deal hidden from you at that time they may not give it to you. I guess you'd have to try, and see what happens.
Also, the LTB tends to try to keep the contents of AGI decisions secret. (They say the secrecy is needed to encourge landlords to take part in the AGI process, which is B.S. because the real motivation for a landlord to file an AGI is the vast profit they make by gouging their tenants. The secrecy is there to hinder the barganing-power of tenants, and to keep the public from finding-out just how unfair the AGI process is – that's what the landlords want.)
Is there any chance you can approach your tenant association, or one of your neighbours who may be sympathetic to you? I don't know whether they are legally barred from providing the information to you, but if they aren't, then they might.
Also, consider using some psychology. If your neighbours seem pretty happy with the deal they got, then maybe you should ask to rejoin them. You'd probaly have to pay the paralegal something, and you'd be doing this without seeing the actual deal in advance. But if they seem happy then maybe you could be happy with their deal too, and you'd be saving yourself a ton of time, effort, and stress, in fighting your own AGI by yourself. Just a thought...
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The order is written the following way. There are 4 buildings, 40 tenants per building. 160 total max.
It is broken up in 5 units?
It ranges from 2.27%, 2.28%, 2.69%, 2.93% and 3.2%.
Then it closes with the following,
If the Tenant consents to the order, the Tenant's rent increase above the guideline will be reduced from 5.63% to 3.2%.
In relation to tenant's association, does not the civil rules of procedure and discovery/disclosure not have weight.
Thanks.
How do u attach documents to this forum
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I received email from agi unit.
The front desk is still closed.
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If the Tenant consents to the order, the Tenant's rent increase above the guideline will be reduced from 5.63% to 3.2%.
What are you going to do? Are you doing to take the 3.2%?