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Landlord and Tenant board Increase

Blog Post

On October 23, 2019, the Attorney General for the Ontario government announced that as of January 1, 2020, the Superior Court of Justice Small Claims Court which handles all civil litigation for monetary damages under the jurisdiction of $25,000 will increase by $10,000 to a new limit of $35,000, exclusive of interest and costs. This change came as a surprise to many, though it was welcomed. Currently, claims for $25,001 up to $100,000 are being heard in simplified procedure with a more formal and lengthy litigation process. This increase to the Small Claims Court jurisdiction to $35,000 will ease the strain on Ontarian's as well as assist in relieving the backlog in simplified procedure hearings.

Regarding the board, people are oblivious to the fact that the Board is subject to the Monetary jurisdiction of the Small Claims Court. This is clear under Monetary Jurisdiction of Board under Section 207 (1) Residential Tenancies Act, it reads as follows:

“The board may, where it otherwise has jurisdiction, order the payment to any given person of an amount of money up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 2006, c.17,s.207 (1).”

Suffice to say, that any matter in the Landlord and Tenant Board of $25,001 to $35,000, would have also fallen under the Superior Court of Justice causing the exact same problems for Ontarian’s. In summary, the board by defacto has increased its monetary jurisdiction from $25,000 to a new monetary amount of $35,000, on or after January 1, 2020, moving forward.