Can I still file a claim if I haven't paid my previous fine yet?

The situation

I am living in Ontario and I am having a really difficult time with my landlord. Back in February of last year, I had a small dispute regarding a repair, and it ended up going to a hearing. The person in charge decided I had to pay a $150 fee for the administrative costs of that process. Because I was struggling with my finances and my monthly pay cheque was so low, I haven't been able to settle that $150 debt yet. Now, it is October, and my landlord has stopped providing heat and is refusing to fix a broken window, so I need to start a new application to get these issues resolved. I tried calling the office to ask about the process, but I am worried that because I still owe that money from the previous year, they won't let me start this new case. If I try to submit my paperwork today, will they just reject my application immediately because of the unpaid fee, or can I still have my hearing and deal with the old debt later?

Detailed Analysis

Under the Residential Tenancies Act, the Landlord and Tenant Board has specific rules regarding applicants who owe money to the Board from previous matters. Because you owe a $150 fee from your February dispute, your ability to start a new case regarding your heat and broken window depends on the timing of the Board's discovery of this debt.

If the Board receives information about your unpaid $150 fee before you submit your new paperwork, "an employee in the Board shall... refuse to allow the application to be filed"^[1]. This means if the office sees the debt in their system the moment you try to file, they can stop you from starting the process immediately.

However, if you successfully submit your paperwork today and the Board only discovers the debt after you have filed but before your hearing takes place, the rules change. In that scenario, "the Board shall stay the proceeding until the fee, fine or costs have been paid"^[1]. A 'stay' is a legal term meaning the case is put on hold or paused. You would not be able to move forward with your hearing to fix the heat or window issues until that $150 is settled.

Furthermore, if the debt is discovered after a hearing has already started, the Board "shall not issue an order until the fine, fee or costs have been paid"^[1]. This means even if you win your case against your landlord, you won't get a legal order forcing them to provide heat or fix the window until you pay the old debt.

State, provincial, or local laws may add further rules, so you should check with the Landlord and Tenant Board directly regarding their specific administrative procedures.

Statutory Citations

Related Questions

• Can I still challenge the Minister's decision if I missed the deadline?
• Can my former employer be forced to pay a massive fine for punishing me?
• Will my old unemployment benefits rules still apply if my claim started before the changes in 2017?
• Will my old maintenance complaint still be handled properly if the rules changed?
• Can I still file a formal complaint if my boss's discrimination happened over a year ago?