Things are crazy here. My friends are surprised to hear this, thinking “Why would anybody sue at this time of year?” Let me tell you why.
Because of revisions to the Income Tax Act in recent years most small businesses now operate their fiscal year from January 1 to December 31. There are no longer obvious tax advantages for small businesses to operate with a “skewed” fiscal year, e.g. from February 1 to January 31. Instead, many businesses are now required to report income according to the calendar year, regardless of their fiscal end.
As the year-end approaches, small businesses scramble to collect payments from their clients and settle overdue accounts. Business owners retain me to write demand letters and file claims, hoping to wring a few dollars from the accounts that would otherwise be written off. Hence the busy work.
Besides the obvious dollar-and-dime reasons, there is also the psychological factor. This is particularly perceptible in Landlord and Tenant Board matters. As people are getting ready for the holiday season, they also become easily stressed and somewhat paranoid. Landlords often can’t contemplate resolving their cases beyond the last week of December and insist that I get the tenants out as soon as possible.
Of course, I do what I can. However, there are protocols to be followed. All landlords who want to end the lease before its expiry must give at least ten days’ notice and apply for a hearing. Unfortunately, as of the last week of November, the Toronto South Landlord and Tenant Board cease scheduling new hearings before the end of December. All new applications must be heard in the new year.
Facing frustrated landlords wanting to oust their tenants, I often advise them to work things out privately with the tenants if they want them to move out before December 31. An eviction order, alas, will not be forthcoming before the new year arrives.
