Poverty Law During the Pandemic: Trends, Tools and Technology
This session examined as specific aspects of the COVID-19 pandemic on the legal system, with particular attention to the challenges faced by low-income and marginalized populations in Ontario, and especially before administrative tribunals such as the Landlord and Tenant Board, Social Benefits Tribunal, and Human Rights Tribunal. The suspension of limitations and moratorium on evictions had mixed effects on these groups, but also had the net effect of increasing homelessness and the spread of COVID-19 in the community. Advocacy and equity issues in this context requires innovative and responsive approaches, including the use of remote tools and dispersed workplaces. The increased use of technology, including videoconferencing, remote signatures and commissioning verified through blockchain, and digital or automated systems, have all taken an increased priority during the pandemic. The session will explore some of the ways that the Durham Community Legal Clinic and Access to Justice Hub responded to the pandemic in this context, in especially in how paralegals were crucial to meeting the needs of the community during this difficult and trying time.
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Poverty Law During the Pandemic: Trends, Tools and Technology
- 7. Sanctuary et al v. Toronto (City) et al., 2020 ONSC 6207 (CanLII) • Public interest litigation by legal clinics around homeless shelters and reprieve sites • Matter settled early in the pandemic, and clinics claimed settlement breached • Judge decided settlement based on contract law principles, ruled in favour of clinics
- 8. Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020 • Significant changes to the RTA • Widespread delays at LTB, even prior to the pandemic • Changes allow for ex parte evictions • Where landlord and tenant create an agreement • But the agreement is not supervised, or require ILA • End result is likely to increase homelessness, during a pandemic
- 15. Bill 207, Moving Ontario Family Law Forward Act, 2020 • New family law amendments in Ontario • Largely mirror changes at the federal level • Change language around custody/access to less confrontational terms • Emphasize out of court dispute resolution in statute • Licensees required to file certificate indicating roles and responsibilities fulfilled, and these options advised • Statutory definition of domestic violence • Broadly defined to provide multiple means of coercive control
- 19. Benefits Under Strain Benefit Unit Basic Needs Maximum Shelter Total ODSP Single $672 $497 $1,169 Single parent + 1 child $815 $781 $1,596 Single parent + 2 children $815 $846 $1,661 Couple $969 $781 $1,750 Couple – 1 child $969 $846 $1,815 Couple – 2 children $969 $918 $1,887
- 20. Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 • New statutory immunity for COVID‐19 exposure: • 2 (1) No cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to coronavirus (COVID‐19) on or after March 17, 2020 as a direct or indirect result of an act or omission… • s. 1 of the Act defines a “good faith effort” as “an honest effort, whether or not that effort is reasonable” • What does that even mean?
- 25. Contact Durham Community Legal Clinic • Midtown Centre 200 John Street West, Unit B1 Oshawa, ON L1J 2B4 • Tel: 905-728-7321 • Fax: 905-728-6362 • Toll Free: 1-888-297-2202