Elsie Kalu told CBC News in late October that the province and the Landlord and Tenant Board (LTB) had failed her and her young daughter, who has autism. She said the two may soon be homeless because of months-long delays at the board in scheduling her hearing. Her property in the Ottawa suburb of Orleans came with one tenant and another male tenant, she said, who refuses to leave or pay rent. It forces her to cover more than $5,000 a month in expenses for the house she currently rents and the house she bought. After buying the house, Kalu said she lost her job as a financial advisor after racking up loans and debt. She faces threats of foreclosure and struggles to pay for her daughter’s critical treatment. Kalou and her daughter are standing in the driveway of the house. After going public with their struggles in October, the LTB granted her an expedited hearing after initially turning her down twice. (Francis Ferland/CBC) Kalu filed two applications with the LTB, which makes decisions on landlord-tenant issues. One is for non-payment of rent and the other is for eviction of the tenant to move into her property. A lawyer representing the tenants had told the CBC that Kalu would have to go through the LTB “if she believes she really is owed rent.” A week after the CBC reported Kalu’s story, she received an approval letter from the LTB granting her an expedited hearing — a request the board had twice previously denied. The hearing is set for December 12. “I’m going to be hopeful and praying and hoping to get my home back,” he said. “I just… want to be able to start rebuilding my life.” Although she received some backlash on social media, Kalu said she is “very humbled and grateful” for the support she has received from Ottawans and strangers across Canada. People have donated nearly $20,000 to Kalu through GoFundMe, and several have written letters on her behalf to MPs, councillors, the mayor and premier, Ontario’s Attorney General and the Ombudsman, among others. “I didn’t expect this much feedback. I didn’t expect this much support,” Kalu said. “Some people have contributed much more than I thought possible.”
Kalu’s request had a ‘dramatic feel’: LTB judge
In September, the LTB denied Kalu’s request for an expedited hearing, saying her situation was not urgent enough under the prejudice threshold. A few days after the CBC published her story, a different judge sent Kalou another dismissal dated Oct. 27, responding to her request for reconsideration. It took a lot of pushing.- Pearl Karimalis, Kalos’ outlaw “The owner reiterated the request and provided some additional dramatic flair that will not be reported here,” wrote Robert Patchett, vice president of LTB. “I am not satisfied that there are substantial changes in circumstances to warrant reconsideration of this request.” But four days later, on October 31, the LTB sent Kalu another letter saying it had changed its mind and granted an expedited hearing. “The request to reduce the time for [the non-payment application] was not substantially addressed,” says the final endorsement letter, written by vice president Ian Speers. “I am satisfied that the stated facts and financial circumstances support the owner’s claim of prejudice which should have been planned in the ordinary course.” Kalu believes that “public unrest” may have contributed to her approval. “I appreciate it… I’m very glad it happened. But he shouldn’t have to go through this extensive begging,” she added.
The family has a long way to go: illegitimate
Pearl Karimalis, Kalu’s lawyer, said her client’s journey is far from over. She said it took her client almost seven months after first applying to the LTB to get approval for a so-called “expedited” hearing. The LTB has a service standard to schedule hearings within 25 working days, but now says it takes an average of seven to eight months for a normal hearing. “[Kalu] he had a good job, a successful career and he got down on his knees. And so, yes, we celebrate in a way. She got her hearing — not without a fight,” Karimalis said. Kalu holds an earlier document from the LTB denying an expedited hearing because it said her issues were not urgent enough. (Francis Ferland/CBC) But Karimalis noted that it could take several more months for a decision to be made after the hearing and for the sheriff’s office to come and enforce an eviction, if granted. Hearings can also be delayed for various reasons, he explained. “It took a lot of pushing,” Karimalis said. “But the delays are not over.” Regarding the LTB vice president’s characterization of Kalu’s submissions as having a “dramatic feel,” Karimalis called the choice of words “disappointing” and inappropriate for people in vulnerable situations. Calus agreed. “He could have said the same thing with a kinder warning,” Kalu said. The Landlord and Tenant Council did not respond to CBC’s questions by deadline. CBC reached out to Michael Thiele, the tenant’s attorney, for an interview, but he did not respond.
