Wsib no longer accomodating

The answer is not simple and more is involved than what one might first suppose.As a superintendent is an employee, landlord's will have to ensure that they deal with the employee in accordance with employment standards legislation (and associated laws like WSIB).In these circumstances, freshly terminated superintendents will seek to assert a wrongful termination, want damages, possible reinstatement for human rights code violations and they will want to raise this before the landlord and tenant board. For the most part, the answer is "no" (see Onucki v. The Board's consistent response is that they refuse to hear those issues.Consequently, most hearings involving former superintendents don't last very long as the proof of terminated employment is easily established and an eviction Order follows.In the circumstances where a quick termination is sought, the fired superintendent often finds that the landlord is not paying any severance or notice and has taken a "for cause" position on termination. The Board can not engage at that level given that it's jurisdiction as set out in the RTA does not authorise it to adjudicate those disputes.Often enough, this comes as a bit of a surprise to the ex-superintendent. That superintendent wants to make employment law related claims against the landlord and wishes to do this in response to the landlord's demands for vacant possession in one week. The result of this is that former superintendents get very frustrated at Board hearings as they try to explain how the landlord's actions are unfair etc..

In relation to tenants, the answer is to treat the actions of the superintendent as the actions of the landlord.

Both of these sections deal with evicting a superintendent from a building after they have been terminated from their employment.

Section 93 of the RTA provides as follows: (1) If a landlord has entered into a tenancy agreement with respect to a superintendent's premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated.

The question then is what does the provide with respect to superintendents?

What little there is in the RTA, respecting superintendents, is set out in section 93 and 94 of the RTA.

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