The Landlord and Tenant Board supported Moak Law and enforced the Law Society Act at a recent hearing in Kingston Ontario.
This decision, EAL-80406-19, clearly states that only the owner or someone authorized under the Law Society Act may select,draft, or complete, any document used in an application to the Landlord and Tenant board, regardless of whether it’s a landlord or tenant application.
I hope that going forward the Landlord and Tenant Board, and its users will abide by this principle as failing to do so whether you are a landlord or a tenant. Only authorized legal representatives should be used. Otherwise it will be extremely financially costly.James Moak – Paralegal
The hearing was adjudicated by Member Dawn Sullivan reversing a previous decision of hers on the same issue. The previous decision was appealed to divisional court and the respondent as of today has consented to the appeal thereby dismissing the Landlord application.
In her decision she wrote:
“LD (sic the Property Manager) is not authorized to provide legal services to the Landlord with respect to matters that arise under the Act. As LD is neither the Landlord nor an individual licensed under the Law Society Act, the application is not properly before the Board.”
Essentially, Moak Law means that owners and tenants, if not representing themselves, must use a representative authorized under the Law Society Act.
Mr. Moak, who has been practicing Landlord and Tenant law in Ontario for forty years, has been championing this issue for ten years.
For anyone with doubts as to what the law is: Mr. Moak suggests that you read the law society act section one from start to finish where it clearly defines the definition of providing legal services or practicing law.
(6) Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:
1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.
2. Selects, drafts, completes or revises, on behalf of a person,
i. a document that affects a person’s interests in or rights to or in real or personal property,
ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,
iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,
iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),
v. a document that relates to the custody of or access to children,
vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or
vii. a document for use in a proceeding before an adjudicative body.
3. Represents a person in a proceeding before an adjudicative body.
4. Negotiates the legal interests, rights or responsibilities of a person. 2006, c. 21, Sched. C, s. 2 (10).
Representation in a proceeding
(7) Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:
1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.
2. Conducting an examination for discovery.
3. Engaging in any other conduct necessary to the conduct of the proceeding. 2006, c. 21, Sched. C, s. 2 (10).
To find out more about Moak Law, or to speak with Mr. James Moak, you can dial 613 937 0347 or visit his website, www.Kingstonparalegal.com
This story appeared in The Cornwall Free News (www.Cornwallfreenews.com) on May 30, 2019. It has been republished with permission.