AGIs/A4 Applications and Limitation Period Modifications

June 2020

Last week the provincial government extended the state of emergency and amended Ontario Regulation 73/20 which suspends limitation periods and procedural time periods effective March 16, 2020. The suspension was originally tied to the provincial state of emergency. The regulation has now been de-coupled from the emergency order so that limitation periods can be re-instated before the state of emergency ends. Presently the suspension of limitation periods will end September 11, 2020, unless further extended.  

The effect of the limitation period suspension was to allow parties additional time to file their applications, serve hearing documents, and in the case of written hearings to file submissions. This additional time does not extend the proposed effective date of an AGI or the underlying 18 month period in which to claim for capital expenditures in an AGI application. Landlords should continue to track the eligible claim period to ensure they prepare the application for timely submission to the LTB and serve the appropriate 90 day notice of rent increase to implement the increase commensurate with effective date of the AGI.

The Board has currently postponed all in-person AGI hearings. The province intends to gradually resume in-person court appearances after July 6th; however, there has been no definitive timetable for appearances before the LTB.

Due to the suspension of limitation periods it is unlikely the Board will issue any notices for written hearings for AGIs & A4 applications until the suspension is lifted (September 11th?).

Finally, the Board has reversed its policy with respect to AGI & A4 Orders that have been processed but were awaiting mailing to the parties. The Board will no longer mail these decisions. Instead, the Board will issue a directive requiring the landlord to serve the tenants with a copy of the decision, typically within 14 days of the date of the Order.

Author

Legal Assistant: Valerie Potter (potter@cohenhighley.com, ext. 360) Paul practises in the firm’s administrative law group with an emphasis on representing property owners in connection with residential tenancies law, municipal planning and zoning, and municipal property assessment appeals.  Paul graduated with an Honours Bachelor of Arts degree in Geography from Brock University. Paul has obtained his paralegal license designation… More →