ASSIGNMENT DESCRIPTION AND GUIDANCE

The purpose of this assignment is to encourage active learning through case scenario-based learning. The students are to use what they have learned thus far and apply it to the case scenario below.

The table below outlines the tasks required to be completed in two courses, Residential Landlord & Tenant Law and Alternative Dispute Resolution (ADR). Students will work in groups to gain an understanding of how to prepare for a case in the Landlord and Tenant Board (LBT). Students will be tasked with a series of components that are involved in most of the landlord and tenant cases. With regards to ADR, students will learn how to prepare and handle a case from the initial stages, i.e. interviewing a client, drafting correspondence, and offering legal advice regarding available legal avenues, such as mediation. This is a group project and two groups will be given one case, and each group will represent one side of the case, either the Landlord or Tenant. Students will generally be working in groups of three, subject to your instructor's discretion. Once you are assigned in your groups, your instructor will provide you with one of the following three case study handouts. You will then complete the tasks outlined below in relation to your case, and in the interest of the client that you represent.

Cases:

Case #1 - Interference with the Reasonable Enjoyment

Case #2 - Non-Payment of Rent and Threats

Case #3 - Non-Payment of Rent, Noise Complaints, Utilities

Case #4 - Rent Abatement

The project tasks are divided as follows:

Part A: Analyzing Case and Fact Scenario (Landlord and Tenant Course):

Part A begins in the Residential Landlord & Tenant Law course, where students are required to complete a series of questions related to the case study in order to analyze the fact scenario, identify the issues, and applying the correct law.

Part B: Client Interview (ADR Course):

Part B is completed in the Alternative Dispute Resolution Course. After learning about the facts and issues in the case in Part A, students are required to prepare questions for their client, in order to verify facts and gain a further understanding of the case in Part B. Students will conduct a mock interview, where they will present their questions to the client, in order to gather more information regarding the case. This is to establish interviewing skills with a client. The presentations from all students will exhibit different interviewing styles by each student.

Part C: Legal Advice via Offer to Settle Letter Drafting (Landlord and Tenant Course):

Part C will be introduced in the Residential Landlord & Tenant Law course, and in this task the students are asked to offer their legal advice to the client with respect to an Offer to Settle by way of letter.

Part D: Legal Advice for Mediation (ADR Course):

In the case scenario, the offer is rejected by the client, which will then require the students to offer their legal advice to the client regrading mediation. This task is completed in Part D, in the Alternative Dispute Resolution course. Part C & D are important, because the students learn to advise the client regarding all legal avenues prior to commencing a legal action.

Part E: Application to LTB (Landlord and Tenant Course):

Part E, Residential Landlord & Tenant Law course, teaches the student how and what type of LTB Application to complete. In addition, students are required to search the rules in order to properly serve the Application on the opposing party.

Part F: Mock Mediation (ADR Course):

Lastly, Part F will ask the students to prepare for a Mock Mediation as per the client's instructions. Students are required to assign roles in their group, and allow each student to participate. The client will accept a settlement, this is where the students will draft a Settlement Agreement and include the terms accepted during mediation. This task is completed in the Alternative Dispute Resolution course.

CASE STUDY: Non-Payment of Rent, Noise Complaints & Utilities

John (Landlord) applied for an Order to terminate the tenancy and evict Michelle Barrenwark (Tenant) from Unit 4B, because the tenant did not pay the rent that they owe.

Three months ago, from today's date, the Landlord woke up to the sound of someone knocking loudly on his front door. He opened the door to find his tenant of Unit 4B, standing before him very angry. The tenant had arrived home from her night-shift to find her driveway blocked by the Landlord's car, and a padlock on the door of her rental unit.

For the past 2 months, the tenant has been behind on her rental payments. The Landlord had tried to contact the tenant regrading the overdue rent on several occasions. When the landlord could not get her attention, he decided to block her driveway and lock her out of the unit. A shouting match ensued, which was only brought to an end when the tenant called the police. The police ordered the Landlord to remove both the car and the lock on the door.

Things got worse a week later when Tenant experienced water, internet, and power outages at her unit 4B. She called the Landlord to complain about this.

The Landlord was frustrated with the fact that the Tenant was still behind with her rent and the fact that her neighbors were constantly calling him to file noise complaints against her. She shared the unit with her three adult sons. The landlord decided to take steps to evict the tenant and her family from the unit.

Note: Cases will not be provided to you in a perfect order of facts, issues, and damages. You must apply critical thinking, knowledge and attention to detail in order to identify the items, count days and figure out calculations. Research, Research, and Prepare!

Tip: Place your facts in order. Look at the case from every lens, Tenant, Landlord and the Adjudicator.

Assignment Steps:

Prepare questions for your client, 20 to 40 questions (and answer). The roles can alternate. For example, one individual from the group will ask 10 questions being the representative, and another group member will act as the client and answer the questions.