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Welcome to Law Syrup, the show where we talk

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with special guests about hot topics in Canadian

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law. This podcast is a co -production with the

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Ontario Justice Education Network, also known

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as OGEN. I'm your host, Herman Wong. Let's tap

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it. Before we begin, please know that this show

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is not intended to be legal advice or a replacement

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for a legal representative. Hey, everyone. Welcome

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back to Law Syrup. On today's episode, our guest

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is Douglas Kwan, the Director of Advocacy and

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Legal Services for the Advocacy Center for Tenants

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Ontario, or ACTO for short. As a renter myself,

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currently living in Toronto, and also most of

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my friends, I've always been curious to know

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more about tenants' rights and what resources

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are available if a tenant needs help. I actually

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saw Douglas on my TV one day, and I immediately

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thought, hey, he'd be a really good guest for

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the show. So you can imagine my happiness when

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he said yes when I asked. So without further

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ado, here is my conversation with Douglas Kwan.

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So Douglas, welcome to the show. How are you?

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I'm doing well, Herman. Thank you for inviting

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me. You know, it's great because the reason why

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I thought of you is I must have been watching

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either CP24 or The National. And I remember seeing

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you on my TV and I was like, this guy is so interesting.

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And we haven't done an episode on tenants' rights.

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And I thought, you know, as a tenant myself.

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I would be very interested to hear what you have

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to say, especially with the state of the rental

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market here in Ontario. But before we get started,

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there was a very interesting article on precedent

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about yourself and the housing crisis. And the

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initial few paragraphs talked about how musicians

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actually influenced your desire to make change.

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I was wondering if you can talk a little bit

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more about that because I found it very interesting.

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Sure. I'm happy to talk about it. So as I recall,

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when I was first interviewed at the Press and

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Article, they wanted a little history about my

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background and why I was interested in social

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justice. And so it really harkened back to when

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I was a young boy back in the early 80s. What

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was happening was in Ethiopia, I was experiencing

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a once -in -a -generation famine. And a group

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of musicians that I recognized at the time got

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together and fundraised to support people that

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are they don't know that are thousands of miles

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away and that collective action spurred more

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collective action in the united states and canada

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and became a massive massive event where it brought

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more knowledge across the globe about the plate

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of people suffering in Ethiopia and really demonstrate

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to me the power of collective action that where

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if you know no task is too big when we can work

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collectively to try and tackle that task and

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problem and so it also taught me and redefined

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community for me. Community can be defined as

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your household, but it could also include the

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entire planet. And so it really demonstrated

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how we were all interconnected, that we can solve

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big problems together. Who was singing? Do you

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remember? Oh, my gosh, it was. So was there Bruce

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Springsteen at that concert? Well, yeah, there's

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a whole bunch of 80 stars. And, you know, you

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hear it every Christmas. Gosh, I'm trying to

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think. Do they know it's Christmas? Yeah, that

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one, that one. Yeah, do they know it's Christmas?

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That's the UK version. The Canadian version is

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called Tears Are Not Enough. And the US version

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is called We Are The World. And they were collectively

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called Live Aid. And they had concerts at Bradley

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Stadium and everywhere else. And Madonna was

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part of it. U2 was part of it. And so that was

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really the age of just, you know, just... where

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musicians were more than just the music, and

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they really believed that they could make a difference.

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I know that you've worked previously at the Mississauga

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Community Legal Services, but what led you to

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work in poverty law and legal aid work generally?

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It didn't come easily at first, and certainly

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when I went to law school, it wasn't top of mind.

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As most people think of law school or think of

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a career in law, they usually think of what they

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see on television, like criminal law, corporate

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law. And when I went to law school, I had my

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eyes set on, you know, one of those traditional

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areas of law. And then I started at the Student

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Legal Aid Clinic. And that's when I discovered

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how impactful my skill set could be to individuals'

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lives. And that's when I first introduced to

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legal aid and poverty law. And for the listeners

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who don't know, what exactly is legal aid? And

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why is it important to the legal framework of

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our province? that's born out of a concept that

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poor people, low -income Canadians, disproportionately

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suffer more when they're faced with legal challenges.

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So if you think of, say, a person being fined

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for trespassing because they're living on a park,

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they have a tent in a park, they're fined $50,

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let's just say. So people of other incomes, they

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can just pay the fine and then that... they could

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just move on, but not so people living in the

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margins, people living with poverty. And so that

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fine could be unpaid. Then that could impact

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their ability to find housing, to find employment.

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And worse still, that could lead to possible

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incarceration. and so um it's important that

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people who can't afford a lawyer have access

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to to legal services and understanding their

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legal rights to avoid those uh disastrous consequences

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right that might result in uh very i guess i

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would describe as you know subtle uh or minor

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infractions yeah and so part of your law is a

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sort of legal aid provides people who have no

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means to pay for a lawyer with immigration law

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service, criminal law service, or family law

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services. And one subset of legal aid services

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is the community legal clinic program that provides

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poverty law services. So you can think of housing

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law. income maintenance law, employment law,

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areas of law that ensure that people have a roof

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over their head or food on the table. And so

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poverty law serves what community legal clinics

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do. And there are approximately 70 community

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legal clinics across the province to serve low

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-income Ontarians. So you were at Mississauga

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Community Legal Services. You then moved to the

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Advocacy Center for Tenants Ontario. Tell us

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a little bit about what you currently do at the

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ACTO. Well, my role as director is really leading

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the legal work and the advocacy work of the team.

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It's a team of professionals and the goal is

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to advance tenants' rights. And that could be

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one day through litigation appearing before the

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Supreme Court, which we've done twice over the

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last four years. It could mean delegating at

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the municipal level for introducing anti -rent

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eviction bylaws. It could mean being invited

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by elected officials to comment on bills that

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impact tenants. it could also mean going out

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into the community for example today we're out

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and we've been invited by a non -profit to speak

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to their group about tenants rights uh it could

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be about organizing tenants to form a tenant

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association so those are several areas in which

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acto uh work towards advancing tenants rights

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and we're a provincial legal clinic which means

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that we're aware of what's happening over in

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thunder bay and understanding that uh what tens

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experience in thunder bay is different than what

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they're experiencing in ottawa or niagara falls

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so we have a provincial view of tenants rights

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we also have three distinct and great programs

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that we currently run one is called the low income

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energy network and you'll see the impact of that

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in your energy bills where there are programs

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that are available for people who fall behind

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in their bill payments and their programs that

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help support them to make sure that their gas

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isn't cut off during the winter months or the

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Tenant Duty Council program that provides self

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-represented tenants who appear at the Landlord

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Tenant Board with legal advice, or the Your Way

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Forward program, which is a new program we have

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that supports survivors of intimate partner violence

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with their housing needs. That's what ACTO, the

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Advocacy Center for Tenants, Ontario does. But

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there are also smaller clinics like the one I

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used to work at in Mississauga. that provides

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poverty loss services but for a specific catchment

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area so that being the city of mississauga residents

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so really it's a vast network the clinic system

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in ontario ontario should be very proud of our

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clinic system and that it's there to help people

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Amazing. You mentioned the landlord and tenant

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board, and I have some more questions for you

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later on during the episode. But I also want

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to point out that ACTO has some great resources

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on their website, and we'll post the website

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link in the description down below. I also want

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to point out one of the reports that you published

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in 2023. It was titled Housing Hardship. And

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when I read through this report, there are a

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couple of findings that really astonished me.

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And I just want to read some of those out for

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the audience. So one of the findings in the report

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is that 31 .4 % of Ontarians rent their homes.

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Now, the Canada Mortgage and Housing Corporation,

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or CMHC for short, defines affordable housing

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as one that does not exceed 30 % of one's gross

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income. However, one out of four renters pay

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unaffordable rents. So, Douglas, when you see

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these numbers, how did we get to this situation

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where monthly rent seems to get more and more

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expensive? Yeah, it's really a policy failure

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that has gone back over 30 years ago. Since World

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War II, when our veterans were coming back home

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from the war. Canada made a conscious effort

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to ensure that there's housing available for

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everybody and embarked on a very ambitious program

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to ensure that there's affordable housing. And

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so many of the high rises you see in Toronto

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and elsewhere, those multi -residential buildings

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were built in the 60s and 70s as part of that

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growth. And in the 90s, unfortunately, the federal

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government took a step back and... and decided

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not to get involved in housing. They then delegated

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and downloaded that responsibility to the provinces.

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In Ontario's case, downloaded the responsibility

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for affordable housing to municipalities. And

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so as a result, many or almost all of the housing

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that's been built over the last three years has

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been through the markets, the private market,

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which is great. to build markets for luxury housing

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but has proven unable to provide truly affordable

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housing because governments have stepped away

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from filling that gap and so that's why we're

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in this crisis to begin with in fact ontario

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is the only province in the country that has

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downloaded that responsibility of affordable

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housing to municipalities and they don't have

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the funds in order to provide truly affordable

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housing to people who need it yeah i had no idea

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that this was a municipal issue i always thought

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that might have been a provincial one but yeah

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no no no certainly and certainly it is a provincial

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issue uh they just downloaded some of the responsibilities

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to the municipal level but at the end of the

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day housing is a provincial responsibility when

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it comes to shelters transitional housing affordable

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housing in the private market it's really the

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responsibility uh you know you know in this day

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and age it's still the province's responsibility

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so during the course of that downloading process

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provinces have also weakened rent control to

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try and spur the the the private market to build

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multi -residential buildings and what we found

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is that the of all the buildings that have been

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created less than 10 percent have been purpose

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-built rental units because builders are just

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more interested in building condos they build

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the building and then they take their profit

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immediately upon the purchase of those condos

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it's much more attractive model for investors

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and so we have a glut of condos in the market

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And a lot of small investors who want to ensure

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that whatever rent is being charged will cover

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their mortgage and condo fees, which is higher

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than what, let's just say, a long -term investor

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who is running a purpose -built rental would

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want. And so that's why we're seeing a lot, we're

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seeing unaffordable rents. Also, when you're

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talking about unaffordable rents, we can't step

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away from a conversation about not enough income.

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People's income has not risen to the same rate

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as rents in Ontario. And certainly that's true

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for the people on social assistance. Actually,

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in Toronto, I saw a couple months ago a closet

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being rented out for $750 a month. And that's

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only $30 or $40 less than what an adult would

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be receiving on social assistance. Wow. I've

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seen over the last couple of years landlords

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renting half of a mattress. and saying we prefer

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females to apply for this type of mattress. So

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it's quite astonishing. just the crisis that

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we're in. And not to mention, of course, there's

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the homelessness crisis as well that's connected

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to the affordable housing crisis. Because when

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you can't afford a place to live in your own

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community, oftentimes we find people who've been

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evicted from their local community ending up

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living in the park nearby while sending their

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kids to school. So it's quite a... It's a complex

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crisis, but one that with political will and

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the right policies, we believe can be solved.

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You mentioned unaffordability, which appears

00:14:24.860 --> 00:14:27.600
to be a very big issue. In the report that I

00:14:27.600 --> 00:14:29.919
mentioned earlier, there's also a mention of

00:14:29.919 --> 00:14:33.500
a 2022 report by Statistics Canada. And I just

00:14:33.500 --> 00:14:36.059
want to list some of the numbers. So 58 % of

00:14:36.059 --> 00:14:39.440
Canadians between 15 to 24 years old reported

00:14:39.440 --> 00:14:42.379
being very concerned about their ability to afford

00:14:42.379 --> 00:14:45.830
rent. The number for Canadians between 25 and

00:14:45.830 --> 00:14:49.929
34 years of age is similar at around 56%. And

00:14:49.929 --> 00:14:52.029
this issue is not just isolated for young Canadians,

00:14:52.129 --> 00:14:55.509
as 74 % of Black Canadians reported being concerned

00:14:55.509 --> 00:14:59.470
about rent and 65 % of South Asians. So when

00:14:59.470 --> 00:15:01.230
you see these numbers, what is your reaction

00:15:01.230 --> 00:15:04.190
when you take a look and you see this type of

00:15:04.190 --> 00:15:07.889
gap that exists? It tells me that the rental

00:15:07.889 --> 00:15:11.070
housing crisis is not being felt equally. Folks

00:15:11.070 --> 00:15:14.070
who are marginalized, whether that be based on

00:15:14.070 --> 00:15:16.929
their ethnicity, race, age, gender, sexuality,

00:15:17.289 --> 00:15:19.409
income, or religion, they experience greater

00:15:19.409 --> 00:15:22.049
barriers to accessing safe and secure affordable

00:15:22.049 --> 00:15:26.230
housing. And it's really unjust what we're seeing

00:15:26.230 --> 00:15:30.950
at the moment. And it's also frustrating because

00:15:30.950 --> 00:15:34.879
many people can't save enough. purchase a home,

00:15:35.059 --> 00:15:38.220
that people who are expected, who reach those

00:15:38.220 --> 00:15:40.679
milestones, whether it be graduating university,

00:15:41.240 --> 00:15:43.879
getting married, having children, those milestones,

00:15:43.980 --> 00:15:47.100
you expect them to move on along the housing

00:15:47.100 --> 00:15:50.539
continuum. They're stuck where they are because

00:15:50.539 --> 00:15:52.980
there's just simply not enough affordable housing

00:15:52.980 --> 00:15:56.480
for them to take that next step. You hear people

00:15:56.480 --> 00:15:59.820
mention the term affordable housing. What does

00:15:59.820 --> 00:16:01.860
affordable housing actually mean? Is there a

00:16:01.860 --> 00:16:04.470
specific definition for that? So the definition

00:16:04.470 --> 00:16:08.830
that we recognize is 30 % of your household income

00:16:08.830 --> 00:16:11.710
should be no more than 30 % of your household

00:16:11.710 --> 00:16:13.870
income should be dedicated to shelter. Right.

00:16:14.490 --> 00:16:16.809
But what we've been seeing, actually, people

00:16:16.809 --> 00:16:19.389
are living paycheck to paycheck. They're on the

00:16:19.389 --> 00:16:23.789
margins and they're just an above guideline rent

00:16:23.789 --> 00:16:27.090
increase away or, you know, a legal rent increase

00:16:27.090 --> 00:16:30.340
away from being evicted. So not only is rent

00:16:30.340 --> 00:16:32.279
a big issue, but there are many other issues

00:16:32.279 --> 00:16:34.860
that tenants might face when they're renting

00:16:34.860 --> 00:16:38.379
a home. In your experience at ACTO, what are

00:16:38.379 --> 00:16:41.200
some of the biggest concerns that you hear from

00:16:41.200 --> 00:16:44.460
renters? Well, we've seen the dramatic rise over

00:16:44.460 --> 00:16:46.820
the last three years of bad faith evictions.

00:16:46.840 --> 00:16:49.700
And what that means is that in the current legislative

00:16:49.700 --> 00:16:53.529
scheme, there are tenant protections. from arbitrary

00:16:53.529 --> 00:16:56.710
evictions there should be a reason in order to

00:16:56.710 --> 00:16:59.710
be evicted but there are methods of evictions

00:16:59.710 --> 00:17:03.750
that don't require the tenant to act badly or

00:17:03.750 --> 00:17:07.349
against the law and those are when a landlord

00:17:07.349 --> 00:17:10.369
requires a unit for themselves or when they need

00:17:10.369 --> 00:17:14.470
a vacant unit for renovations purposes we so

00:17:14.470 --> 00:17:18.190
we've seen many investors use those two methods

00:17:18.190 --> 00:17:22.339
to try and obtain a vacant unit to drive up the

00:17:22.339 --> 00:17:26.200
rent of that unit so we call them bad faith evictions

00:17:26.200 --> 00:17:31.539
so we've seen uh probably uh three it'd grow

00:17:31.539 --> 00:17:34.640
by 300 or the last four years of those types

00:17:34.640 --> 00:17:38.720
of evictions um we've seen many people falling

00:17:38.720 --> 00:17:41.400
behind on their rent because their income hasn't

00:17:41.400 --> 00:17:43.799
been able to catch up to the rate in which rent

00:17:43.799 --> 00:17:47.019
has increased Over the last five years, rent

00:17:47.019 --> 00:17:52.819
has gone up by about 17%. And very few people

00:17:52.819 --> 00:17:55.480
have experienced a similar wage increase during

00:17:55.480 --> 00:17:59.359
that same period of time to meet that rent increase.

00:17:59.779 --> 00:18:03.079
And we've also seen a growing homelessness crisis

00:18:03.079 --> 00:18:08.559
where people on social assistance, the number

00:18:08.559 --> 00:18:10.940
of people who are homeless and on social assistance

00:18:10.940 --> 00:18:15.430
have doubled from 2022 to 2024. And that's a

00:18:15.430 --> 00:18:18.349
result of just people simply not being able to

00:18:18.349 --> 00:18:21.690
find housing that is affordable to them and are

00:18:21.690 --> 00:18:24.329
left to sleeping in their cars or elsewhere.

00:18:24.730 --> 00:18:28.130
So what kind of legal frameworks might exist

00:18:28.130 --> 00:18:31.329
to help protect tenants? And how can that help

00:18:31.329 --> 00:18:35.339
regulate what landlords can or cannot do? Well,

00:18:35.380 --> 00:18:38.180
the overarching legislation that protects tenants

00:18:38.180 --> 00:18:40.680
is called the Residential Tenancies Act. It's

00:18:40.680 --> 00:18:44.579
quite a complex piece of legislation that determines

00:18:44.579 --> 00:18:48.720
when tenants can be evicted, what rights they

00:18:48.720 --> 00:18:51.240
have, what obligations landlords have to maintain

00:18:51.240 --> 00:18:54.359
a property. It speaks to security of tenure.

00:18:54.980 --> 00:18:58.000
There's also the Human Rights Code that ensures

00:18:58.000 --> 00:19:00.779
that people aren't discriminated against when

00:19:00.779 --> 00:19:03.740
they're... of looking for an apartment and when

00:19:03.740 --> 00:19:07.980
decisions are made if you are tenants who's living

00:19:07.980 --> 00:19:09.940
in social housing there's a housing services

00:19:09.940 --> 00:19:13.079
act that determines how rent goes up so there

00:19:13.079 --> 00:19:16.200
are major pieces of overarching legislation that

00:19:16.200 --> 00:19:19.289
do regulate tenancies and protect tenants But

00:19:19.289 --> 00:19:21.470
at the end of the day, it's really a complaint

00:19:21.470 --> 00:19:24.450
-stricken process. It's up to the tenant to complain

00:19:24.450 --> 00:19:27.950
about their rights being infringed. And that's

00:19:27.950 --> 00:19:30.049
really the challenge, because we're talking about

00:19:30.049 --> 00:19:32.809
people who are already marginalized, whose English

00:19:32.809 --> 00:19:35.349
or French might not be their first language.

00:19:35.509 --> 00:19:38.269
So they're unable to understand their rights

00:19:38.269 --> 00:19:41.490
or communicate or assert their rights. And so

00:19:41.490 --> 00:19:43.529
that is the problem of a complaint -stricken

00:19:43.529 --> 00:19:45.309
process. But that's what we have in Ontario.

00:19:46.059 --> 00:19:48.400
And when complaints are made, they're made to

00:19:48.400 --> 00:19:51.640
the landlord and tenant board, correct? We mentioned

00:19:51.640 --> 00:19:54.180
that earlier on in one of your responses. So

00:19:54.180 --> 00:19:56.339
what exactly is the landlord and tenant board

00:19:56.339 --> 00:19:59.309
and what can they help with? That's a tribunal

00:19:59.309 --> 00:20:01.670
that hears disputes between landlords and tenants,

00:20:01.849 --> 00:20:05.450
where landlords and tenants have infringed or

00:20:05.450 --> 00:20:08.390
breached their obligations under the Residential

00:20:08.390 --> 00:20:11.269
Tenancies Act. It's a tribunal that's the busiest

00:20:11.269 --> 00:20:14.289
tribunal in Ontario, typically hearing approximately

00:20:14.289 --> 00:20:17.930
80 ,000 applications for hearings every year.

00:20:18.529 --> 00:20:23.509
And they... are supposed to meet out their disputes

00:20:23.509 --> 00:20:27.609
in a fair and summary way. However, I believe

00:20:27.609 --> 00:20:30.009
probably your next question is how are they performing?

00:20:30.230 --> 00:20:33.950
Yes. And I can definitely tell you that over

00:20:33.950 --> 00:20:37.029
the last five years has demonstrated a marked

00:20:37.029 --> 00:20:40.170
decline in their ability to perform that function.

00:20:40.349 --> 00:20:44.950
In 2020, we saw how all tribunals and courts

00:20:44.950 --> 00:20:48.130
moved to a virtual format because of the pandemic.

00:20:48.829 --> 00:20:51.289
But many of them have returned to in -person

00:20:51.289 --> 00:20:54.289
hearings or hybrid hearings, but not so the Landlord

00:20:54.289 --> 00:20:57.450
Tenant Board. And so what's been happening, and

00:20:57.450 --> 00:21:00.730
because of that change and emphasis on their

00:21:00.730 --> 00:21:03.490
digital hearings, we've seen the board become

00:21:03.490 --> 00:21:07.869
slow in terms of scheduling hearings, in terms

00:21:07.869 --> 00:21:12.869
of issuing decisions. And as a result, last year,

00:21:12.950 --> 00:21:15.769
the Ombudsman of Ontario said that tenants had

00:21:15.769 --> 00:21:18.690
to wait up to two years. to have their matters

00:21:18.690 --> 00:21:21.210
heard, whereas landlords only wait six to nine

00:21:21.210 --> 00:21:25.089
months. And the primary reason for that delay,

00:21:25.210 --> 00:21:27.390
as I mentioned, is because they move to in -person

00:21:27.390 --> 00:21:30.950
hearings and Zoom formats. So in our conversation

00:21:30.950 --> 00:21:34.069
today, we're talking to each other through Zoom.

00:21:34.210 --> 00:21:38.589
And Herman, you're kind enough not to talk over

00:21:38.589 --> 00:21:41.130
me because we want to have a conversation. We

00:21:41.130 --> 00:21:43.529
have that common goal of learning from each other.

00:21:43.690 --> 00:21:46.599
But at the Landlord Tenant Board, Two parties

00:21:46.599 --> 00:21:49.829
are adversarial. They waited months. to have

00:21:49.829 --> 00:21:53.190
their issues addressed right and they're not

00:21:53.190 --> 00:21:55.569
going to be that way and so the ombudsman acknowledged

00:21:55.569 --> 00:22:00.089
that these hearings were chaotic and so you add

00:22:00.089 --> 00:22:04.069
that to the busiest system in the busiest tribunal

00:22:04.069 --> 00:22:06.390
in the province and you're going to have slower

00:22:06.390 --> 00:22:09.529
processing times so if i wanted to give you an

00:22:09.529 --> 00:22:12.549
example think of mcdonald's for example and they

00:22:12.549 --> 00:22:14.890
have different methods of access that's drive

00:22:14.890 --> 00:22:17.430
-through that's app that's in person on the counter

00:22:17.430 --> 00:22:20.410
so different methods of getting what you want

00:22:20.410 --> 00:22:23.009
so that's what the landlord tenant board had

00:22:23.009 --> 00:22:25.809
they had different methods of adjudication you

00:22:25.809 --> 00:22:28.589
can mediate matters you can go there in person

00:22:28.589 --> 00:22:32.210
but they went to digital so imagine McDonald's

00:22:32.210 --> 00:22:34.490
doing the same thing they force everyone going

00:22:34.490 --> 00:22:37.190
to go through the drive -through you can imagine

00:22:37.190 --> 00:22:40.069
that drive -through lineup and and they would

00:22:40.069 --> 00:22:42.569
only allow other alternatives if one were to

00:22:42.569 --> 00:22:44.769
say I don't drive because I can't access your

00:22:44.769 --> 00:22:48.450
drive -through and so that is the type of backlog

00:22:48.450 --> 00:22:50.390
that's been created the landlord tenant board

00:22:50.390 --> 00:22:54.190
because it's the busiest tribunal because it's

00:22:54.190 --> 00:22:58.130
an adversarial system it can't do as good a job

00:22:58.130 --> 00:23:01.910
as it was in person because in person you don't

00:23:01.910 --> 00:23:05.220
need a zoom moderator to put people in breakout

00:23:05.220 --> 00:23:07.880
rooms people just have conversations on the side

00:23:07.880 --> 00:23:10.240
you can have multiple conversations to try and

00:23:10.240 --> 00:23:13.200
resolve matters and unfortunately their ability

00:23:13.200 --> 00:23:15.940
to resolve matters outside of the adjudication

00:23:15.940 --> 00:23:19.980
process has gone down from 40 to now six percent

00:23:19.980 --> 00:23:23.440
and that's why and that's primarily because of

00:23:23.440 --> 00:23:26.519
the format they've chosen and i presume so many

00:23:26.519 --> 00:23:28.440
of these people who go to the landlord and tenant

00:23:28.440 --> 00:23:31.559
board are self -represented parties what kind

00:23:31.559 --> 00:23:34.730
of tools are available for self -represented

00:23:34.730 --> 00:23:38.430
people to access in order to understand how this

00:23:38.430 --> 00:23:41.809
entire process works? There are online tools

00:23:41.809 --> 00:23:43.930
that the Landlord Tenant Board offers. There

00:23:43.930 --> 00:23:47.809
are online self -guided pathways that the community

00:23:47.809 --> 00:23:50.930
legal clinic system has. There's also the legal

00:23:50.930 --> 00:23:53.769
clinics themselves and Tenant Duty Council. So

00:23:53.769 --> 00:23:59.009
if anyone had received any documents from the

00:23:59.009 --> 00:24:00.910
Landlord Tenant Board or had questions about

00:24:00.910 --> 00:24:03.460
their rights, I would highly encourage them to

00:24:03.460 --> 00:24:05.859
not wait for the day of their hearing, but to

00:24:05.859 --> 00:24:08.579
reach out to their community legal clinic. But

00:24:08.579 --> 00:24:11.559
if they hadn't reached out to their community

00:24:11.559 --> 00:24:14.119
legal clinic, then there's Tenant Duty Council

00:24:14.119 --> 00:24:16.220
that's available on the day of their hearing

00:24:16.220 --> 00:24:19.299
for people who had questions, for people who

00:24:19.299 --> 00:24:23.440
needed advocacy on their dispute. And so Tenant

00:24:23.440 --> 00:24:26.039
Duty Council is a program that the Advocacy Center

00:24:26.039 --> 00:24:28.339
for Tenants Ontario runs across the province.

00:24:28.920 --> 00:24:31.880
And so that's a program that's there to assist.

00:24:32.319 --> 00:24:35.539
And ACTA also offers a tenant duty council program

00:24:35.539 --> 00:24:38.779
fund, correct? That's right. So if I was an aggrieved

00:24:38.779 --> 00:24:41.940
tenant, what is the number one step that I should

00:24:41.940 --> 00:24:44.400
do first in order to find some sort of solution?

00:24:44.839 --> 00:24:48.380
I would Google Legal Aid Ontario and find out

00:24:48.380 --> 00:24:51.579
where your local clinic is. So we have community

00:24:51.579 --> 00:24:54.599
-led clinics across the province. So whether

00:24:54.599 --> 00:24:59.259
you live in Bracebridge, Rainy River, in... Thorold,

00:24:59.319 --> 00:25:03.119
Ontario, in Ottawa, you name it, there is a community

00:25:03.119 --> 00:25:06.299
legal clinic that can serve you. Even five minutes

00:25:06.299 --> 00:25:09.559
or 10 minutes of advice is better than searching

00:25:09.559 --> 00:25:13.099
online, trying to find the answers because really

00:25:13.099 --> 00:25:15.440
when it comes to... residential tenancy law,

00:25:15.599 --> 00:25:18.180
you won't find a better expert than the people

00:25:18.180 --> 00:25:20.579
who are working at the local community legal

00:25:20.579 --> 00:25:23.420
clinic. So that's really the first place that

00:25:23.420 --> 00:25:26.400
I would go to. Amazing. And you mentioned online

00:25:26.400 --> 00:25:30.920
solutions. And part of me was a little curious,

00:25:30.920 --> 00:25:33.019
and I decided to go online and see what some

00:25:33.019 --> 00:25:35.319
people are saying about the rental situation.

00:25:35.980 --> 00:25:38.619
So if you go on the Toronto subreddits, there's

00:25:38.619 --> 00:25:40.519
some very interesting comments. And you know,

00:25:40.519 --> 00:25:43.170
people try to help each other out. You have people

00:25:43.170 --> 00:25:46.130
calling the situation here in Ontario flat out

00:25:46.130 --> 00:25:49.329
unaffordable. You have people living with multiple

00:25:49.329 --> 00:25:52.269
roommates. And you have people saying that the

00:25:52.269 --> 00:25:54.869
best they can do is move to the suburbs. So out

00:25:54.869 --> 00:25:58.849
of curiosity, how does Toronto, or to a larger

00:25:58.849 --> 00:26:02.029
extent, Ontario, how does that rental situation

00:26:02.029 --> 00:26:06.289
differ from other major cities or areas in the

00:26:06.289 --> 00:26:08.789
world? Well, Ontario is the most unaffordable

00:26:08.789 --> 00:26:11.109
province for renters in Canada, followed by BC.

00:26:11.559 --> 00:26:15.359
that's in part because we have the highest tenant

00:26:15.359 --> 00:26:19.640
population here and so when you look at stats

00:26:19.640 --> 00:26:23.019
can data of the 20 most unaffordable municipalities

00:26:23.019 --> 00:26:27.200
in canada 12 are in ontario and the problems

00:26:27.200 --> 00:26:30.420
are very similar across all the provinces and

00:26:30.420 --> 00:26:33.500
territories There's an affordable housing crisis,

00:26:33.680 --> 00:26:36.359
certainly, but Ontario experiences the brunt

00:26:36.359 --> 00:26:38.700
of it because of its sheer population. There's

00:26:38.700 --> 00:26:41.940
approximately 1 .7 million renter households

00:26:41.940 --> 00:26:45.599
in Ontario. And although we have, there are tenant

00:26:45.599 --> 00:26:49.160
rights legislation in place, but it's still a

00:26:49.160 --> 00:26:52.359
complaints driven process. And we still have

00:26:52.359 --> 00:26:55.920
large rent control loopholes in Ontario that

00:26:55.920 --> 00:26:58.039
needs to be closed. When we're talking about

00:26:58.039 --> 00:27:02.109
affordable rents, we need to get. rents under

00:27:02.109 --> 00:27:07.369
control in order for people to be able to afford

00:27:07.369 --> 00:27:10.390
to live in the places that they grew up near

00:27:10.390 --> 00:27:13.809
their workplaces and for them to feel that they

00:27:13.809 --> 00:27:16.349
have a place that's safe and secure to live in.

00:27:16.569 --> 00:27:19.569
Absolutely. So speaking about your own personal

00:27:19.569 --> 00:27:22.049
experience, have you had any personal experience

00:27:22.049 --> 00:27:24.730
with renting, for example, in Ontario or in Toronto?

00:27:25.579 --> 00:27:28.920
I have. Actually, very recently, last year, in

00:27:28.920 --> 00:27:33.140
fact, I rented a townhouse because my home had

00:27:33.140 --> 00:27:37.579
to go under some renovations. um and so it was

00:27:37.579 --> 00:27:41.299
quite a pleasant experience uh you know and by

00:27:41.299 --> 00:27:43.859
far i have to say you know i would say eighty

00:27:43.859 --> 00:27:47.240
percent of landlord tenant relations are pleasant

00:27:47.240 --> 00:27:51.019
are um you know are situations where it never

00:27:51.019 --> 00:27:53.680
reaches the media or the landlord tenant board

00:27:53.680 --> 00:27:56.420
um it's really much like all the other stories

00:27:56.420 --> 00:27:58.940
you hear uh we're talking about the worst 20

00:27:58.940 --> 00:28:02.640
or 10 of those stories so as a tenant you know

00:28:02.640 --> 00:28:06.990
i certainly uh experience of for that brief period

00:28:06.990 --> 00:28:09.829
of time what a 10 is like but i know that my

00:28:09.829 --> 00:28:14.269
experience is nowhere near i would say the atypical

00:28:14.269 --> 00:28:17.579
10 experience Yeah, as a current renter myself,

00:28:17.980 --> 00:28:20.099
I'm I think I'm very blessed and privileged to

00:28:20.099 --> 00:28:22.619
have a good landlord tenant relationship. And

00:28:22.619 --> 00:28:24.400
I know that's not the case for a lot of people.

00:28:24.779 --> 00:28:26.740
And, you know, I do see those stories that you

00:28:26.740 --> 00:28:28.940
mentioned earlier about, you know, people renting

00:28:28.940 --> 00:28:32.180
out mattresses or closets. And you see these

00:28:32.180 --> 00:28:34.980
and it's very egregious. But I was wondering,

00:28:35.059 --> 00:28:38.319
is there any type of change that's coming or

00:28:38.319 --> 00:28:40.640
that you know about that gives you hope for the

00:28:40.640 --> 00:28:45.609
future? Yeah, I have a lot of hope. I want to

00:28:45.609 --> 00:28:48.430
tell you, there's this new advocacy group called

00:28:48.430 --> 00:28:51.349
Fair Rent Ontario that's come together to win

00:28:51.349 --> 00:28:54.289
comprehensive rent control in the province. And

00:28:54.289 --> 00:28:57.390
so the goal is to reinstate rent control. That

00:28:57.390 --> 00:29:01.089
means that it will be an end to vacancy decontrol,

00:29:01.289 --> 00:29:04.569
which is the method, as I said before, where

00:29:04.569 --> 00:29:07.230
if you have a vacant unit, a landlord can charge

00:29:07.230 --> 00:29:10.349
to their heart's desire the rent for the next

00:29:10.349 --> 00:29:13.460
tenant. and so we want to close that loophole

00:29:13.460 --> 00:29:17.619
where even if a unit becomes vacant that rent

00:29:17.619 --> 00:29:21.220
is moderated we want to make sure through fair

00:29:21.220 --> 00:29:24.920
rent ontario that there's no longer a 2018 exemption

00:29:24.920 --> 00:29:28.079
which means that any building that's first occupied

00:29:28.079 --> 00:29:32.819
after 2018 is not rent controlled so that's why

00:29:32.819 --> 00:29:36.380
we're seeing situations where people are enticed

00:29:36.380 --> 00:29:39.200
to live to move and live in a building for one

00:29:39.200 --> 00:29:42.140
year only to find themselves with a double -digit

00:29:42.140 --> 00:29:44.859
rent increase the following year and so fair

00:29:44.859 --> 00:29:49.140
rent ontario is a advocacy organization that's

00:29:49.140 --> 00:29:52.779
come together and we'll be advocating to close

00:29:52.779 --> 00:29:55.079
those loopholes you know housing is a human rights

00:29:55.079 --> 00:29:58.549
uh we firmly believe that ad acto and the government

00:29:58.549 --> 00:30:02.750
of Ontario and all parties that want to form

00:30:02.750 --> 00:30:05.309
government need to ensure that everyone has access

00:30:05.309 --> 00:30:07.690
to safe and affordable housing. That means applying

00:30:07.690 --> 00:30:09.910
and adopting some of these policies that we're

00:30:09.910 --> 00:30:12.329
advocating for, which is closing those loopholes.

00:30:13.039 --> 00:30:15.240
and we want to also end above guideline rent

00:30:15.240 --> 00:30:18.059
increases and those are situations in which you

00:30:18.059 --> 00:30:21.660
see those purpose -built build purpose -built

00:30:21.660 --> 00:30:25.400
rental buildings where landlords are making cosmetic

00:30:25.400 --> 00:30:28.640
changes replacing the balcony and then are trying

00:30:28.640 --> 00:30:31.779
to download the cost of those replacements to

00:30:31.779 --> 00:30:34.420
the tenants and thereby increasing their rent

00:30:34.420 --> 00:30:36.559
by double digits we want to end that because

00:30:36.559 --> 00:30:38.259
at the end of the day it's the landlord's obligation

00:30:38.259 --> 00:30:41.319
to maintain their buildings i've also encouraged

00:30:41.930 --> 00:30:44.869
when i see cities like hamilton toronto and london

00:30:44.869 --> 00:30:48.329
and other municipalities who are tackling the

00:30:48.329 --> 00:30:51.490
housing crisis head -on they're introducing things

00:30:51.490 --> 00:30:54.670
like anti -renovation bylaws to ensure that their

00:30:54.670 --> 00:30:57.490
affordable units stay affordable in their in

00:30:57.490 --> 00:31:00.349
their community i'm encouraged by the association

00:31:00.349 --> 00:31:02.529
of municipalities of ontario they're responding

00:31:02.529 --> 00:31:05.490
to the encampment crisis because by identifying

00:31:05.490 --> 00:31:09.650
in that in ontario we have 80 000 people living

00:31:09.650 --> 00:31:13.799
homeless That's the population of Peterborough.

00:31:14.019 --> 00:31:15.880
So the Association of Municipalities of Ontario

00:31:15.880 --> 00:31:20.059
are really calling for increased investments

00:31:20.059 --> 00:31:24.029
to solve the homelessness crisis. It's unfortunate

00:31:24.029 --> 00:31:26.829
that we have a political party that wants to

00:31:26.829 --> 00:31:29.950
trample on child rights as its solution. When

00:31:29.950 --> 00:31:32.130
really when we're talking about housing it's

00:31:32.130 --> 00:31:34.109
the provincial responsibility and unfortunately

00:31:34.109 --> 00:31:37.529
the province's failure to address housing which

00:31:37.529 --> 00:31:40.369
has led to this crisis. So I'm encouraged to

00:31:40.369 --> 00:31:43.450
see that municipalities are stepping up and trying

00:31:43.450 --> 00:31:46.170
to do what the province should be doing more

00:31:46.170 --> 00:31:49.480
of which is really investing in housing. Also,

00:31:49.599 --> 00:31:52.180
you know, through our work, there are many ways

00:31:52.180 --> 00:31:55.259
that we think that all levels of government can

00:31:55.259 --> 00:31:57.819
be involved to try and solve the housing crisis.

00:31:58.480 --> 00:32:01.579
You know, I have a laundry list here with me.

00:32:01.619 --> 00:32:07.140
And if you're OK, listen to it. Sure. Yeah. So,

00:32:07.299 --> 00:32:11.000
first of all, all levels of government can be

00:32:11.000 --> 00:32:13.740
involved in. creation of affordable housing.

00:32:13.900 --> 00:32:17.180
And so I mentioned municipalities, gave you some

00:32:17.180 --> 00:32:20.839
examples. The federal government has created

00:32:20.839 --> 00:32:23.980
a national housing strategy in 2018, and they

00:32:23.980 --> 00:32:26.799
dedicated billions of dollars towards it. But

00:32:26.799 --> 00:32:29.319
those billions of dollars were in the form of

00:32:29.319 --> 00:32:33.859
loans for below market housing. And that's not

00:32:33.859 --> 00:32:36.680
enough because we don't need below market housing,

00:32:36.819 --> 00:32:39.700
which is 10 to 20 % of what average market rent

00:32:39.700 --> 00:32:42.839
is, we need deeply affordable housing that meets

00:32:42.839 --> 00:32:47.140
the definition of CMHC. And so more dedicated

00:32:47.140 --> 00:32:50.619
funds for truly affordable housing is what the

00:32:50.619 --> 00:32:53.220
federal government can do. The federal government

00:32:53.220 --> 00:32:56.819
can, through their tax mechanisms, ensure that

00:32:56.819 --> 00:32:59.700
real estate investment trusts aren't exacerbating

00:32:59.700 --> 00:33:02.880
the housing crisis. The provinces can close,

00:33:03.019 --> 00:33:06.900
as I said, rent control loopholes. They can also

00:33:06.900 --> 00:33:12.359
do things such as make sure that there's stronger

00:33:12.359 --> 00:33:15.480
controls for short -term rentals. We saw when

00:33:15.480 --> 00:33:19.539
the pandemic came about in 2020, how when the

00:33:19.539 --> 00:33:22.920
province stopped all short -term rental operators

00:33:22.920 --> 00:33:26.000
from operating, the flood of long -term rental

00:33:26.000 --> 00:33:30.380
units came online. If we have stronger, shorter

00:33:30.380 --> 00:33:35.019
term rental controls, we can bring more of that

00:33:35.019 --> 00:33:38.579
supply for Ontarians who need housing. We need

00:33:38.579 --> 00:33:41.940
the landlord tenant board to be fixed. When the

00:33:41.940 --> 00:33:45.700
sheriff is not operating well, then we have a

00:33:45.700 --> 00:33:48.440
wild west and that's impacting the housing crisis.

00:33:49.680 --> 00:33:53.299
Also, municipalities can allocate more funding

00:33:53.299 --> 00:33:56.180
for shelters and transitional housing to support

00:33:56.180 --> 00:34:00.500
people living homeless. and people who are living

00:34:00.500 --> 00:34:04.519
precariously housed. Those are some of the things

00:34:04.519 --> 00:34:07.619
that I think municipalities and provinces and

00:34:07.619 --> 00:34:11.219
the federal government can do. But there's lots

00:34:11.219 --> 00:34:14.099
of tools. And so just going back to what you

00:34:14.099 --> 00:34:16.699
asked me, do I have hope? I have tremendous hope

00:34:16.699 --> 00:34:20.260
that we have the tools. They've been tested out

00:34:20.260 --> 00:34:22.500
in different jurisdictions. We just need the

00:34:22.500 --> 00:34:25.579
political will to get it done. Thank you so much

00:34:25.579 --> 00:34:27.800
for going through that list. And what's so interesting

00:34:27.800 --> 00:34:31.000
is because, you know, you see people who go out

00:34:31.000 --> 00:34:33.679
and demonstrate, you know, they protest. And

00:34:33.679 --> 00:34:35.599
it's really inspiring to see people, you know,

00:34:35.599 --> 00:34:38.679
tenants who are aggrieved, they're not taking

00:34:38.679 --> 00:34:41.820
this sitting down, they want to make change.

00:34:41.980 --> 00:34:44.079
And a lot of those changes are some of the items

00:34:44.079 --> 00:34:46.059
that you've mentioned as well. I'm sure that

00:34:46.059 --> 00:34:47.820
that must also be inspiring to the work that

00:34:47.820 --> 00:34:49.860
you do to see people stand up for themselves

00:34:49.860 --> 00:34:53.099
and ask for, you know, affordable housing and

00:34:53.099 --> 00:34:56.239
housing that is not something that has to be

00:34:56.239 --> 00:34:59.079
an ongoing concern. My last question for you

00:34:59.079 --> 00:35:03.059
before we end things off here is what has been

00:35:03.059 --> 00:35:05.739
your favorite moment so far working at Acto?

00:35:05.780 --> 00:35:09.280
And why does that keep you going? I have lots

00:35:09.280 --> 00:35:13.039
of great moments. You know, it's difficult to

00:35:13.039 --> 00:35:16.579
identify just one. You know, I think when you

00:35:16.579 --> 00:35:19.300
asked me that question, I think of our senior.

00:35:20.090 --> 00:35:23.530
litigation lawyer, winning big at the Ontario

00:35:23.530 --> 00:35:28.070
Court of Appeal. I think of our community organizer

00:35:28.070 --> 00:35:32.210
who is able to connect a handful of tenants and

00:35:32.210 --> 00:35:35.110
inspire them to form a tenant association who

00:35:35.110 --> 00:35:37.989
are now part of the Fair Rent Ontario campaign.

00:35:38.610 --> 00:35:43.130
So there's a lot of great moments. We issue the

00:35:43.130 --> 00:35:46.340
reports. for the public. And it's great to have

00:35:46.340 --> 00:35:49.780
OGEN be interested in the work that we do and

00:35:49.780 --> 00:35:55.079
have decision makers and the public really get

00:35:55.079 --> 00:35:57.940
with the help of our reports, get a better understanding

00:35:57.940 --> 00:36:01.139
of the crisis that we're currently in. So at

00:36:01.139 --> 00:36:03.599
ACTO, we want to make sure that we talk to everybody,

00:36:03.780 --> 00:36:05.840
you know, whether it's, you know, sure, we talk

00:36:05.840 --> 00:36:09.309
to tenants, we speak with nonprofits, but we

00:36:09.309 --> 00:36:11.829
also speak with landlords and we also speak with

00:36:11.829 --> 00:36:14.829
local parties of all types because housing is

00:36:14.829 --> 00:36:17.909
not a partisan issue. It impacts everybody and

00:36:17.909 --> 00:36:22.110
we can all be part of the solution. And so the

00:36:22.110 --> 00:36:26.090
part of the job I say that keeps me going is

00:36:26.090 --> 00:36:30.010
these opportunities to reach out to groups such

00:36:30.010 --> 00:36:32.789
as yourself and your listeners through your podcast

00:36:32.789 --> 00:36:36.420
and really drive home the message that through

00:36:36.420 --> 00:36:40.059
knowledge and collective action, we can make

00:36:40.059 --> 00:36:42.539
a difference together. Amazing. And what a great

00:36:42.539 --> 00:36:44.920
way to end this episode. Douglas, I want to thank

00:36:44.920 --> 00:36:47.519
you for your time, for being here today. I think

00:36:47.519 --> 00:36:49.940
everybody learned a lot about the rental situation

00:36:49.940 --> 00:36:52.960
here in Ontario. Before we end things off, where

00:36:52.960 --> 00:36:55.679
can the people find you? Are you on social media?

00:36:56.320 --> 00:37:00.539
I'm currently on X and temporarily, I don't know.

00:37:01.280 --> 00:37:04.559
Temporarily, okay. So you can find me at Doug

00:37:04.559 --> 00:37:07.920
Kwan Acto. Amazing. Well, Douglas, thank you

00:37:07.920 --> 00:37:10.780
again. And that concludes this episode. Thank

00:37:10.780 --> 00:37:14.980
you very much. Thank you for tapping into this

00:37:14.980 --> 00:37:17.860
episode of Law Syrup. On the next episode, I

00:37:17.860 --> 00:37:20.099
talk to a panel of teachers who all teach law

00:37:20.099 --> 00:37:22.199
in high school. I ask them what inspires them

00:37:22.199 --> 00:37:23.940
and what are some of the best responses they've

00:37:23.940 --> 00:37:26.280
received from students. Law Syrup is produced

00:37:26.280 --> 00:37:29.260
by me, Herman Wong, and the Ontario Justice Education

00:37:29.260 --> 00:37:32.389
Network. For more information and for accompanying

00:37:32.389 --> 00:37:35.909
resources, check out ojen .ca and our show notes.

00:37:36.130 --> 00:37:37.309
See you next time.
