Landlord and tenant board's 'digital-first' approach fueling continued case backlog, say advocates

Ontario's Landlord and Tenant Board says it's madeimprovements to its systems since the province's ombudsman publisheda scathing investigation ondysfunction at the board in May.

And while some tenants' advocates say they've noticed progresssince the spring investigation, they point to theorganization's permanent switch to a digital system as a core reason for continued delays andare concerned the moveis causing unequal access for some.

In November 2020, the LTB announced it would make its digital-first initiativepermanent, meaning hearings would be fully remote and that all matters would be conducted by video, phone, or as written proceedings unless otherwise requested.

The strategy is meant to "innovate and modernize" services, said Sean Weir, the executive chair at Tribunals Ontario in a September 2020 news release. The ombudsman's investigationlater pointed out significant issues related to the digital-first strategy, including accessibility concerns.

But three years after the move,the LTB is still focused on remote operations.The most recent data from Tribunals Ontario, published in their annual report at the end of June this year, showed an increase in case backlog from 34,731 in March 31, 2021 to 53,057 in March 31, 2023.

Douglas Kwan, the director of advocacy and legal services at the Advocacy Centre for Tenants Ontario, says the remote strategy is impeding justice for many who require the tribunal.

"Partieshave toappear equal in the eyes of the law, and that's just not happening at the Landlord and Tenant Board because of the digital barrier that this remote service model has introduced," he said.

No LTB counter staff since pandemic

In May, a report publishedprovincial ombudsman Paul Dubfound the LTB was "fundamentally failing" to fulfil itsmandate.

The report noted tenants sometimes faced "insurmountable challenges" accessing online hearings, noting many do not have access to phones or computers.

Since thereport was published, Kwan said he has seen some improvements. For example, there are now moderators that guide participants through the virtual hearings.

But Kwan notes that all of the eight LTB regional centres in the province have closed and there are no longercounter staff to answer questions. That, he says, has made it harder for lower income people, who may not have internet access.

"This government is intentional on becoming a digital government. It's a laudable goal, butit has to work well for the users who are using the system. And that part is missing," said Kwan.

Lawyer says tech issues plague LTB hearings

Elysha Roeper, a staff lawyer at West Toronto Community Legal Services, said she's also seen some improvements at the LTB with remote operations.

She knows oftenants who have trouble accessing virtual hearings at home who have been able to go to the LTB Toronto headquarters and use one of their terminals to access the internet.

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Paul Dub says both landlords and tenants deserve to have a better system to settle their disputes.

But, she said the Zoom rooms have been a headache.

"There's still no real clear answer on how one legal representative is supposed to represent two tenants in separate [Zoom] rooms," she said. She said even when she is representing two clients, the board can schedulehearings at the same time. This didn't happen when hearings were in-person, she said.

One of Roeper's clients is 100 years old, she says, and accessing a virtual hearing won't be easy for them, she said. But getting an in-person hearing as an accommodation isn't easy either , she said.

"[It's]still like pulling teeth, even in cases that are complex. Sometimes to get that accommodation request, you have to go to a Zoom hearing and argue for it, and the tenant has to be present.it's a mess," she said.

"They're issues that didn't exist back when hearings were in-person. And getting an in-person hearing is still like pulling teeth," she said.

Board says it's made improvements

In a statement to CBC Toronto, the Office of the Ombudsman said it has received an update from the Ministry and Tribunals Ontario on behalf of the LTB on progress made since the report was published. The LTB told CBC Toronto it sent its update to the ombudsman on Nov. 6.

The office says the ombudsman will comment on the update in an annual report next June.

The LTBfor its part says it'simplemented a "wide range of measures" to address the Ombudsman's recommendations, including hiring more adjudicators.

It said it's also made progress in addressing the backlog of cases by reducing wait-times. It now takes four to five months to schedule L1 or L9 applications, which the board says makeup the bulk of its cases earlier this year those applications tookeight to 10 months on average to schedule.

It's also added information sheets, YouTube videos that explain how to navigate virtual hearings, a technical support line and a program that either provides a phone to use or free top-up minutes for those with limited phone plans.

"We believe that our digital-first approach is enhancing access to justice and meeting the needs and expectations of our users," it said.

The Ministry of the Attorney General said in a statement to CBC Toronto it'sinvesting an additional $6.5 millionin 2023-24 for 40 new adjudicators and five new staff at LTB, which will double the number of full-time adjudicators.

Hearings should be mainly in-person: lawyer

Kwan points out Tribunals Ontario's previousgoal in 2018 to schedule hearings under the LTB was 25 business days. As of the 2022-2023 annual report, that goal has been bumped to 50 days.

Roeper said the solution would be to open in-person hearings again.

"It would be much better for the majority of our clients, who rely on body language, distrust technology, or sometimes are sitting alone clutching a cell phone that barely works trying to hold onto their mental health," she said.

"Three years after the pandemic, it doesn't make sense," she said.