Do I need to send my paperwork to the city council if I am challenging a repair order?
The situation
I live in a small rental apartment in Ontario and I am having a bit of a nightmare with the local council. Last month, on October 14th, a municipal inspector came by and issued a formal work order against my landlord, claiming there are serious safety issues with the heating system. My landlord is being very difficult and refuses to carry out the necessary repairs, so I have decided to take this to the Board to have the order reviewed and enforced. I have already spent a lot of labour filling out all the necessary forms and I am ready to submit my application. However, I am a bit confused about the process. Since the city inspector is the one who issued the order, do I have to send a copy of my application and the hearing notice directly to the municipality myself? I have already prepared my documents, but I am unsure if I just give them to the Board or if I must also provide a formal certificate to prove I have served the city with these papers. I want to make sure I don't miss a deadline and have my case dismissed.
Quick Summary
Yes, you must personally send copies of your application and the hearing notice to the local municipality. You must also file a certificate of service with the Board to prove you provided these documents to the city.
Detailed Analysis
Statutory Citations
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 189.1 — Application under s. 226
"the applicant shall... give the local municipality, (a) a copy of the application; and (b) a copy of any notice of hearing"View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 189.1 — Application under s. 226
"The applicant shall... file with the Board a certificate of service on the local municipality"View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 226 — Review of work order
"If a landlord who has received an inspector’s work order is not satisfied with its terms, the landlord may... apply to the Board for a review"View Official Legislation →
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General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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