FE Magazine 2009 No. 5 Sep-Oct - FRPO

SEPTEMBER / OCTOBER 2009
President’s Perspective: Industry Under Siege

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Contents
SEPTEMBER / OCTOBER 2009
FRPO OPA RENTAL
HOUSING ENERGY
CONSERVATION PILOT
PROJECT
By Mike Chopowick
9
PROPERTY TAX REDUCTIONS
MAY MEAN RENT
REDUCTIONS!
What Can You Do About It
By Joe Hoffer and Paul Cappa
12
CFAA RENTAL HOUSING
COMPENSATION SURVEY
15
LIBERAL MPP’S RENT-CAP
PROPOSAL WOULD HURT
TENANTS
28
BONNIE HOY AND
ASSOCIATES
Celebrate 25 Years
31
Features
THE MESSAGE IS ALWAYS
YOUR BUSINESS
By David Eisenstadt
33
CAPREIT APPOINTS NEW
C.F.O.
Company Commends Yazdi
Bharucha for His Years of Service
36
KEVIN T. O’LEARY
2009 Awards Gala
Key Note Speaker
38
Bonnie Hoy pg.
31
Cover:
Jack Beaton
and Marshall
Bleiweis in
front of
Sterling
Karamar's
North York
headquarters.
Energy Conservation
pg.
9
Departments
PRESIDENT’S PERSPECTIVE
Rental Industry Under Siege
By Vince Brescia, President
6
CFAA REPORT
Sales Tax Harmonization
By John Dickie
13
FRPO MEMBER PROFILE
Sterling Karamar Property
Management
16
READ THE FINE PRINT
By Harry Fine
This Landlord and Tenant War
was Inevitable
22
FRPO BULLETIN WRAP-UP
Fire Marhsall's Orders
Accessibility Standards
Human Rights Policies
40
UPCOMING EVENTS
42
Fine Print
pg.
22
Tax Reductions
pg.
12

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President’s Perspective
Rental Industry Under Siege
By Vince Brescia, President
Ontario’s rental housing industry is under siege by government
actions. At the moment, the industry is facing an onslaught of new
regulatory actions by provincial and municipal government that has
people’s heads spinning. This is not the first time that this has happened
to our industry.
Consider the following list of actions by government:
• The province brings in the HST, and shows no interest (as of the writing of
this column) in the unique negative impact on landlords who get stuck
with a huge cost increase that cannot be passed on to customers
Vince Brescia, FRPO President
• The province, under a new minister, moves to retroactively declare all submetering
activity since November 2005 illegal, after the previous minister
praised the activity, and the industry must begin unwinding all those positive
conservation efforts
• Several municipalities are now sending out rent reduction notices to landlords
and tenants, when in fact the landlord’s overall municipal taxes (basic
tax, water and new levies) is increasing
• Local fire inspectors are issuing orders requiring a new fire code retrofit for
audibility which will be costly
Part of the problem stems from the fact that the government often does not care
about negative impacts on landlords. This is more the case with the HST harmonization.
The government recognizes that our industry is in a unique situation in that we
are in a small category of “GST exempt” services, and we are subject to rent controls.
Fair Exchange • September / October 2009
The problem is that rectifying this situation would require one of two solutions.
The first solution is to compensate the industry for the negative impact, which
could be done through input tax credits or any other form of financial assistance.
The problem from the government’s perspective is that this requires funding.
And the political math comes down to the following: “do I care enough about
negative impacts on landlords to use the government’s scarce financial resources
to fix this” Add some deficit pressure to this in the current economy, and the
answer so far is “No”.
6

The second solution would require the government to fix the rent control guideline
to allow the industry to pass on this cost. This would require the government
to admit that the HST will increase rents, increase the guideline, and draw attention
to this fact. Politically, they are not interested in doing that. So the bottom
line is that, as usual, political math means that there will likely be no fix for our
industry on this issue.
the voice of the Federation of
Rental-housing Providers
of Ontario
A PUBLICATION OF:
Another part of the problem is that center and left leaning political parties feel it
is necessary to attack landlords for political purposes. The attacks are designed to
show that they are “pro-tenant”. And they are also designed to appease tenant
activists, all of whom are more socialists that tenant activists 1 . The basic political
model is that they want to foster class warfare, and pick the politically advantageous
side in the war.
This is more what is happening in the case of submetering. The tenant activists
feel they must attack submetering, because it is something the industry is in
favour of. Their default position is fighting us: if we are for something, they have
to fight against us. And the government at the moment, lead by a Minister who
has a high proportion of tenants in his riding, and who views the world very
politically, is simply taking his cues from the tenant activists. The result is tenant
activists are thrilled beyond their wildest dreams that the government has
responded by doing more than they ever hoped for. Ironically, the average tenant
is not even aware any of this is happening.
This has been an ongoing problem with the political calculus of politicians. They
constantly overestimate the importance of landlord-tenant regulation as a source
of electoral success. In the end, none of this will matter much to the average
tenants, so there will be no political gain, and unfortunately a lot of pain for landlords
and submetering companies who were simply moving in the direction the
government said it was going, and for which they were previously being praised
by the government. F
1 When I say that tenant activists are more socialists than tenant activists, this is based on years of observing their
actions. For example, they show little interest and spend little effort trying to get unfair property taxes reduced.
But they love to foment class warfare, whereby they make landlords responsible for poverty rather than society as
a whole. They traditionally have supported social housing development rather than housing allowances, even
thought the latter would help many more tenants, and prevent many more evictions resulting from people not
being able to pay the rent – a purely ideological position, not a pro-tenant position. Overall, their focus in on the
personal and political benefit that comes from attacking landlords and promoting class warfare rather than the
best policies to help tenants in the long-run.
EDITOR:
Mike Chopowick • FRPO
e-mail: mchopowick@frpo.org
toll free: 1-877-688-1960
phone: 416-385-1100 x 21
fax: 416-385-7112
www.frpo.org
20 Upjohn Rd., Suite 105
Toronto, Ontario M3B 2V9
ADVERTISING & SALES:
Christine Tonus • Mediapeach
email: christine@mediapeach.com
phone: 905-952-2224 x32
fax: 905-952-0826
www.mediapeach.com/fe
171 Main Street South, Suite 5,
Newmarket, Ontario L3Y 3Y9
SUBSCRIPTIONS &
ADDRESS CHANGE:
Lynzi Michal • FRPO
e-mail: lmichal@@frpo.org
toll free: 1-877-688-1960
phone: 416-385-1100 x 22
fax: 416-385-7112
DESIGNED AND PRINTED BY:
FRPO IS A MEMBER OF:
Opinions expressed in articles are those of the authors and
do not necessarily reflect the views and opinions of the
FRPO Board or Management. FRPO and Mediapeach
accepts no liability for information contained herein. All rights
reserved. Contents may not be reproduced without written
permission from the publisher.

The town is talking...
Congratulations to our members, whose buildings,
have been awarded CRB Certification!
1 877-688-1960 WWW.CRBPROGRAM.ORG

By Mike Chopowick
Last year FRPO began a pilot project to measure energy use and test conservation
methods in multi unit rental buildings. Funded and supported
by the OPA and other partners, the project aims to provide detailed
information on electricity consumption in apartment buildings and help
provide solutions for improving conservation in the private rental housing sector.
The first component of the project was the measurement and benchmarking of
energy consumption in the pilot buildings. This was a critical phase of the project
since, for Ontario, very little reliable data existed on the actual energy usage levels
in rental buildings.
continued...
The Voice of the Federation of Rental-housing Providers of Ontario
9

Fair Exchange • September / October 2009
The preliminary results were remarkable
and at this point raise more questions
than answers about energy usage
in multi-unit buildings. A summary of
the data is listed below, and ranks the
12 pilot buildings based on energy
usage intensity per unit area (square
feet). Energy consumption is expressed
as ekWh/ft 2 , a unit of measurement
that converts electrical and thermal
energy consumption into equivalent
kilowatt hours and divides the total by
the square footage of the building.
The 12 buildings represent a diverse
range of rental complexes based on
location, age, number of housing units
and average monthly rent. Energy usage
was measured based on 36 months of
utility data collected from 2005 to 2008.
Some key findings include:
• The building with the highest
energy usage consumed double
the ekWh/ft 2 as the building with
the lowest energy usage.
• The building with the lowest
monthly rent had the lowest
ekWh/ft 2 , while the building with
the highest monthly rent has the
highest ekWh/ft 2 .
• Building age and size has
very little apparent effect on
energy consumption
• Two buildings located in Ottawa
(average high 10.9ºC; average low
1.1 ºC) had some of the lowest
levels of energy consumption,
compared to buildings with the
highest levels of energy consumption
in Toronto(average high
12.7ºC; average low 5.6 ºC).
These preliminary results illustrate the
important effect of tenant behaviour on a
building’s energy usage levels. Since previous
studies prepared for the OPA show
FRPO-RONA tenant energy survey.
that tenant behaviour is responsible for
up to 80% of electricity consumption1,
the impact of the usage of appliances,
electronics, and lights by tenants are likely
a significant factor behind variations in
energy usage in apartment buildings.
Next Steps
As part of the FRPO-OPA pilot
project, tenants in the pilot buildings
will be surveyed on their usage
of electricity and their patterns for
using lights, appliances, laundry
facilities as well as any other devices
within their units. RONA helped by
providing an energy-efficiency kit
incentive for tenants who respond
to the survey. The resulting responses
will help us have a better understanding
of ways to improve energy
conservation in rental housing.
Landlords and property managers
have a big role to play in helping their
tenants improve energy conservation
in their buildings. In addition to
physical measures to improve a building’s
energy efficiency, which will also
be tested in the FRPO OPA Pilot
Project, providing education and
awareness to tenants is equally if not
more important.
FRPO OPA Rental Housing Conservation Pilot Project
Benchmarking Report
Building # of Year Average Energy
Rental Built Monthly Consumption
Units Rent (ekWh/ft 2 )
(1) Ottawa 83 1973 $835 19.9
(2) Mississauga 87 1970 $997 24.4
(3) Ottawa 168 1973 $847 24.9
(4) Burlington 119 1971 $1112 25.1
(5) Brampton 287 1983 $1050 29.1
(6) Brampton 271 1984 $1085 29.2
BENCHMARK MEDIAN 29.6
(7) Toronto 58 1969 $950 30.1
(8) Brampton 270 1983 $1050 30.2
(9) Brampton 287 1984 $1090 30.6
(10) Toronto 180 1965 $910 30.7
(11) Toronto 58 1969 $950 31.3
(12) Toronto 139 1965 $1200 39.1
Note: All buildings gas heated, bulk-metered.
10

Some energy saving tips that can be
provided to tenants include:
• Cooking with smaller appliances
such as a microwave, toaster
oven or electric frying pan,
which all use less power than an
oven range.
• Not opening the oven door while
cooking. A lot of energy is used
to reheat it.
• Setting the temperature dial of
refrigerators to the mid-range.
• Cleaning out a fridge to increase
air circulation, making it more
energy efficient.
• Replacing incandescent
light bulbs with CFL's that use
75 percent less energy and last
up to 10 times longer.
• Using a broom or brush instead
of a vacuum on hard floors.
• Turning off air conditioners
when not at home.
• Closing blinds and shades to
block heat during the summer
• Shutting down televisions and
computers when not in use. A
continuously running
computer and monitor uses
between $75 - $120 worth of
electricity each year.
Over the next 12 months, several
tenant outreach initiatives and conservation
measures will be tested
on the pilot buildings. The objective
is to achieve an average 20%
reduction in energy usage for the
pilot buildings. Once the tested
measures are evaluated for success,
FRPO and the OPA’s Conservation
Fund will work towards developing
a multi-year template that all
Ontario landlords can use to
reduce energy consumption in
their buildings. F
FRPO Rental Housing Conservation Pilot - 2008 Energy
Benchmark Report (weather Normalized to Toronto)
Buildings
1
2
3
4
5
6
7
8
9
10
11
12
0 5 10 15 20 25
Total Energy Consumption (ekWh/ft2)
The experienced lawyers
you can count on
From acquisitions, dispositions and financing, re-development and
intensification, to tax and regulatory matters – Aird & Berlis LLP is
actively engaged in all aspects of the rental housing industry.
We have extensive expertise in the range of multifaceted legal issues that
affect you. Rely on A&B to provide seamless, timely and cost-effective
practical solutions to any multi-residential property issue.
For more information, please contact:
Robert Doumani
T 416.865.3060
E rdoumani@airdberlis.com
Partnership. Results. Success. ®
Brookfield Place, 181 Bay Street, Suite 1800, Toronto, ON M5J 2T9
T 416.863.1500 F 416.863.1515 W www.airdberlis.com
Benchmark Median
29.6 ekWh/ft2
30 35 40
The Voice of the Federation of Rental-housing Providers of Ontario
11

Property Tax Reductions
May Mean Rent Reductions!
What Can You Do About It
By Joe Hoffer and Paul Cappa, Cohen Highley LLP
If your property assessments and/or your local tax rates
decreased this year or if you converted your multi-residential
property to condo status last year, your property
tax reduction may trigger a rent reduction under the RTA
effective December 31, 2009.
Municipalities will issue Rent Reduction Notices (RRN’s) to
Tenants this fall if their rent is reduced based on the
Landlord’s property tax savings. Landlords should
compare the tax figures on any RRN’s with their
actual tax bills to ensure the local municipality has
accounted for all of the taxes and municipal levies charged
to the property.
If the municipality charges separate levies for sewer, water,
garbage or the Waste Levy, an application to the Landlord and
Tenant Board (LTB) to reduce or eliminate the rent reduction
may be justified. In Toronto, the Waste Levy is ignored in calculating
property tax reductions and issuing RRN’s, but it is
not ignored by the LTB in calculating whether the rent
increase should varied or eliminated. The same applies to
municipal sewer and water levies which, in London, are
ignored in issuing rent reduction notices but which are taken
into account by the LTB in varying the rent reductions.
Fair Exchange • September / October 2009
It is absurd that landlords face rent reductions when their
actual municipal charges are increasing, but if landlords do
not file the variation applications, the rent reductions will
take effect December 31, 2009 and will permanently impair
income stream. Variation applications to the LTB are subject
to strict timing, filing and notification requirements.
Landlords who receive RRN’s based on property tax decreases
should contact their legal or Rent Control advisor for
advice on how fix the problem. F
For information and advice concerning Notices of Rent Reduction and
Variation applications to the LTB, contact Joe Hoffer or Paul Cappa:
hoffer@cohenhighley.com or cappa@cohenhighley.com.
12

CFAA Report
Sales Tax Harmonization
By John Dickie, President, Canadian Federation of Apartment Associations (CFAA)
In the Spring of this year, both Ontario and British
Columbia announced their decisions to harmonize
their sales taxes with the GST on July 1, 2010. Those
decisions will result in higher landlord costs and
higher rents for tenants in both those provinces.
Some Canadians have already gone through the harmonization
process. Shortly after the GST was introduced in 1990,
Quebec adopted the GST structure for its sales tax (and now
collects the sales tax for the federal government at the same
time as it collects its own provincial sales tax). New Brunswick,
Nova Scotia and Newfoundland harmonized their sales taxes
with the GST in 1997. The experience in Atlantic Canada and
Quebec was that harmonization quickly raised rents by about
1.5%. The effect on rents will be slower in Ontario because of
rent control, but inevitably cost pressures will force rents up.
The impact of harmonization is to extend the provincial
sales tax (PST) to a variety of new input costs that previously
were exempt. In the rental housing sector this includes
such costs as gas heat, electricity, maintenance contracts,
property management services, renovation contracts, and so
on, which make up a large part of the operating costs of
most rental housing providers.
However, the PST was to some extent embedded in those
costs because of being paid by the suppliers, and that PST
also flowed through into what they charged to landlords.
Now those suppliers will receive the benefit of the input tax
credits on the provincial sales tax component. Effective July
1, 2010, landlords should be able to negotiate somewhat
lower prices for contracts in industries which pay a lot of
PST, such as construction contracts.
Despite that, costs will certainly go up in most or all sectors
where the new tax adds the provincial tax component to the
GST. FRPO is working to obtain relief for Ontario landlords,
whether permanent or temporary. The BC government
has already announced that it will rebate the
provincial tax on electricity and on energy for home
heating, both for homeowners and for owners of rental
properties. Obtaining that relief in Ontario would be a great
help for landlords and tenants here.
CFAA is working with the apartment associations in both
Ontario and BC to make sure useful information is
exchanged immediately, and to ramp up the grass roots
input by landlords in the lobbying process. As an industry
we badly need to improve the
extent to which we are
heard by government.
In both Ontario and
BC, the apartment
associations do
effective government
relations
work, but the
lack of political
involvement by
most landlords constrains
our influence.
Time will tell what will result
from the sales tax
harmonization and
the efforts to gain
appropriate mitigation.
Regardless of
that outcome, more
work needs to be
done to gain more political involvement
by ordinary landlords of all sizes,
so that governments realize that imposing
costs on landlords has a negative
impact on them. F
FRPO is one of 17 members of the
Canadian Federation of Apartment Associations,
the sole national organization representing the
interests of Canada’s $40 billion private rental
housing industry, which provides homes more
than seven million Canadians.
13
The Voice of the Federation of Rental-housing Providers of Ontario

Associate
Members
2009
ADVERTISING
AND PUBLISHING
24 Hour Find-A-Rental
gottarent.com
Madhouse Advertising
Mediapeach
My Ideal Home Rental Network
Renters News
Toronto Star
APPLIANCES
Coinamatic
Harco Leasing Inc
Midnorthern Appliance
Phelps Apartment Laundries Ltd.
Sparkle Solution
APPRAISERS
Altus Group
Veritas Valuation Inc.
ASSESSMENT AGENCY
Municipal Property Assessment Corp.
ASSET MANAGEMENT
Institute of Housing Management
Larma Management
TMDL Property Management
Yash Property Management
CABLE/SATELLITE/TELECOM
Rogers Cablesystems Ltd.
CONSULTING
A-Team Strategies
JD Power and Associates
WP Osborne Executive Search
ENERGY SERVICES
Carma Industries
ECNG Limited Partnership
Enbridge Electrical Connections
Enbridge Gas Distribution
Novitherm Canada Inc.
Stratacon Inc.
Wyse Solutions
ENVIRONMENTAL AND
ENGINEERING CONSULTANTS;
BUILDING ENVELOPE
Efficiency Engineering Inc.
Halsall Associates Limited
Mann Engineering Ltd
Maritime-Ontario Environmental Inc.
Stantec Consulting Ltd
FINANCES;
REAL ESTATE/
MORTGAGE SERVICES
BMO Capital Markets
Brookfield Financial
Canadian Mortgage Capital Corporation
CMHC
First National Financial Corp.
LAWPRO
MCAP Financial
Morguard Investments Limited
Murray & Company Limited
Penmor Growth Capital
Peoples Trust Company
Scotiabank
TD Canada Trust
TD Securities
FIRE SAFETY SERVICES
Firepoint Technologies Inc.
INSURANCE
Dan Lawrie Insurance Brokers Ltd.
Marsh Canada
LEASING PROFESSIONALS
Bonnie Hoy and Associates
DALA Group of Companies
Renters News
Sheryl Erenberg & Associates
LEGAL SERVICES
Aird & Berlis LLP
Andrade Consulting Group Ltd.
Blaney McMurtry LLP
Cohen Highley LLP
Debra Fine Barrister & Solicitor
Dickie & Lyman Lawyers LLP
Fuller Landau LLP
Gardiner Roberts LLP
Landlord Solutions
Sandler, Gordon Barristers & Solicitors
SPAR Property Consultants Ltd
MARKET ANALYSIS & RESEARCH
Altus Group
Veritas Valuation Inc.
PROPERTY MAINTENANCE/
CONSTRUCTION & REPAIR
Advantage Bathtubs Refinishing
Byng Group of Companies
Certified Clean Air
C.G. Maintenance
Cordeiro Roofing Ltd.
Cosmos Electrical Company
DAJ Painting
Energex
Enertec Contracting
Gatemaster Inc.
Giant Plumbing & Hardware Distributers
Great Northern Insulation
HD Supply Canada Inc
HSI Solutions
ICI Canada Inc.
KONE Inc. Elevators
Magical Pest Control Inc.
MJSI Inc
Pascoal Painting & Decorating
Precision Plus Floor Plans
Rona
Solid General Contractors
Servicemaster Commercial
PROPERTY MANAGEMENT SOFTWARE
Yardi Systems Inc.
PROPERTY TAX CONSULTANTS
Dickie & Lyman Lawyers LLP
SPAR Property Consultants Ltd
REAL ESTATE
CB Richard Ellis
Primecorp Commercial Realty Inc.
Satco Realty Inc.
Skyview Realty Ltd.
Stonecap Realty Partners Inc.
RENT CONTROL CONSULTANTS
Andrade Consulting Group Ltd.
Cohen Highley LLP
Dharsee Professional Corp
Dickie & Lyman Lawyers LLP
SPAR Property Consultants Ltd
RENTAL HISTORY, TENANT
AND CREDIT REPORTING
Canadian Credit Protection Corp
GateMaster Inc.
Rent Check Credit Bureau
Ultra Collection Services
TENANT SERVICES
Coinamatic
Parkingstalls.ca
Phelps Apartment Laundries Ltd.
TRAINING AND EDUCATION
York Communications/MMPI

CFAA
RENTAL HOUSING COMPENSATION
Survey
In early October 2009, the Canadian
Federation of Apartment
Associations (CFAA) released its
professional survey of employee
salaries and benefits in the rental
housing industry for Greater Toronto
and most other major cities across
Ontario and Canada. Besides city by
city reports, there is a National Report
covering 14 of Canada’s largest cities.
The survey reports should help
human resources professionals, property
managers and rental owners to
manage compensation costs by providing
evidence of the market salaries
for building superintendents, maintenance
technicians, cleaners, leasing
agents, property managers and other
rental housing employees. The reports
show median and average salaries and
total compensation. Where the data
permits, the reports show the distribution
by percentiles and a break out by
building size.
Also where the data permits (such as
the GTA), the survey includes positions
which are used in larger operations
such as Property Administrator,
Property Assistant Manager, Property
Accountant, Regional Manager,
Maintenance Manager, Legal
Administrator/Paralegal, Marketing
Manager, Security Guard and
Doorman/Concierge.
See the table for the survey prices for
different Ontario centres.
The Hamilton figures include
Burlington. The rest of the 905 belt is
reported in separate tables in both the
GTA and the Waterloo Region reports.
The London report includes separate
tables on Southern Ontario apart
from London. F
The CFAA Compensation survey has
been endorsed by FRPO, by other apartment
associations and by Canada’s national
landlords. For more information or to order the
compensation survey, please go to CFAA’s
website at cfaa-fcapi.org, or telephone
Erin Wallace at 613-235-0101.
CFAA compensation National Toronto & Ottawa Hamilton, London
survey prices (14 cities) Mississauga and Waterloo
(“GTA”)
Region (each)
Full report
(compensation
& benefit plans) $3000 $850 $650 $450
Compensation data only $2400 $600 $450 $300
Notes
1. Lower prices are available to companies which provided data for the survey.
2. “Compensation data only” includes bonuses and car and rent allowances;
it excludes the benefit plan information.
3. All prices subject to GST.
The Voice of the Federation of Rental-housing Providers of Ontario
15

Vince Brescia (FRPO);
Ted Whitehead (FRPO);
Anthony Romano
(SKPM); Jack Beaton
(SKPM); Marshall
Bleiweis (SKPM); Marvin
Sadowski (SKPM), and
David Horwood (FRPO),
at the CRB unveiling for
Sterling Karamar's Gates
of Bayview community.
Fair Exchange • September / October 2009
Sterling Karamar Property
Management (SKPM) has
always had a reputation of
excellence within the property
management industry. With over 25
years experience in property development
and management with responsibility
for over five million square feet
of residential, industrial, retail and
office assets, it seems only natural that
they be one of the first privatelyowned
firms to initiate recognition
under FRPO’s new Certified Rental
Building Program (CRB).
Marshall Bleiweis, President of SKPM
set the standard for the organization. “It
seemed only natural to me that Sterling
Karamar Property Management move
forward with certification. It was a ‘no
brainer’ for a company with as strong
an operations base and customer
service orientation as SKPM. It’s true,
some companies will find it a challenging
process, but as an industry, we must
all continue to raise the bar with respect
to customer service and the way we are
ultimately perceived by the general
public. This program does just that!”
Marvin Sadowski, Senior Vice
President adds that “…it proved to be
an absolutely terrific team building
exercise. We weren’t sure how people
would react, especially our residents
but we were applauded at every turn.
Residents came out in droves to celebrate
every event at every site and
many made it a point to praise the
efforts of our team.”
The CRB program is a win/win
program for all and nobody knows it
better then Jack Beaton, Vice President
16

of Residential Operations and his dedicated
residential team. Jack, who represents
the driving force of the
residential division stated, “What this
program has done is show everybody
that SKPM is passionate about good
sound management.”
SKPM have already been recognized as
an organization able to fast track the
program simply by virtue of their excellent
systems and procedures. According
to Barb McIntyre, SKPM Manager of
Human Resources, “We did a full, systematic
self-audit of our policies, procedures
and practices and compared
them to the 35 standards required by
the CRB & made changes and enhancements
where needed…it can only make
us better. Our commitment to continuous
improvement has allowed us to
achieve Certification quickly.”
David Medeiros, Maintenance Manager
believes that “bringing every member of
the SKPM team into the CRB process
was essential to its success,” while Cedric
Abreu, Maintenance Manager, maintains
that “all staff had extensive training
on the program, and now all the rights
and responsibilities of residents and staff
are transparent. Everyone has access to
contact information and the process for
making suggestions. I think all other
property management companies
should follow the CRB program.”
Bonny Hoy who provides marketing
consulting services for SKPM believes
that CRB certified organizations will
have a competitive advantage in the
market place and residents will have a
The Voice of the Federation of Rental-housing Providers of Ontario
17

SKPM has evolved to become a full
service property management
company via acquisitions and third
party property management contracts.
Our business focus includes
residential, commercial and condominium
property management. We
are continuously looking for solid
business opportunities.
FE: How many residential buildings
or units does the company
own or manage in Ontario today
Sterling Karamar Property
Management manages over 20 residential
properties consisting of
approximately 3,500 suits.
FE: How many staff work for the
company What does Sterling
Karamar Property Management
do to ensure staff have the tools
and resources necessary to do
their jobs
There are approximately 100
employees working at SKPM.
It's all smiles as proud staff show off the
Gates of Bayview's new (and hard
earned) CRB status.
recognizable trademark to facilitate
finding a quality product.
We are continually reviewing our
jobs and processes to ensure we
are doing things efficiently and
effectively and this includes
Fair Exchange • September / October 2009
Sterling Karamar Property
Management has made the commitment
to do it’s best to bring greater
awareness to the program. Every certified
SKPM managed site has a
Certified Building Program sign at
street level. Given that their buildings
are all on main arteries, it only helps to
brand the program bringing added
value benefits to sites and companies
that achieve the designation, and to
the FRPO-sponsored program overall.
FE Magazine met with the President
of Sterling Karamar, Marshall
Bleiweis, to learn more about the
company and its approach to providing
quality rental housing.
FE: Who founded Sterling
Karamar Property Management
Sterling Karamar Property
Management is a joint venture
between Marshall Bleiweis and Sterling
Silver Development Corporation.
FE: How has the company evolved
and grown over the past twenty
five years
18

Jack Beaton, V.P. of Residential
Operations, and Marshall Bleiweis,
President of Sterling Karamar
ensuring our staff have the tools necessary
to do their jobs. In addition,
employees are provided opportunities
to gain knowledge and expertise
through on-the-job training, external
and internal educational and
professional development programs.
Employees have access to a number
of communication vehicles through
which they can provide feedback and
request support.
FE: What are some of your key
challenges in today’s rental
housing market
Some of the key challenges facing
us today are: government intervention
such as recent rulings on sub
metering; the present economic
environment; increased competition
i.e. competing against the
single condo owner.
FE: What is Sterling Karamar
Property Management’s
outlook for the rental housing
market in Toronto
and/or Ontario
The rental market today is a
moving target that is continually
reacting to fluctuating overall
market conditions. We are constantly
monitoring and evaluating
The Voice of the Federation of Rental-housing Providers of Ontario
19

these changes to ensure we can
respond quickly and appropriately.
Rental Building Program is just
another example of our commitment
to provide the highest standard of
service to our customers and we
believe the return is excellent
tenant relations, tenant satisfaction
and retention.
FE: What advice do you have
for other property management
companies who may
be considering enrolling in
the Certified Rental
Building Program
The entire industry should be on
board with this program. It makes
good business sense and strengthens
the industry as a whole. It’s a “win”
“win” proposition. F
“...we strive to
understand and
respond to
the needs of
our customer.”
FE: What does Sterling Karamar
Property Management do to
ensure high quality customer
service and tenant retention
Sterling Karamar staff at newly Certified 1200
York Mills in North York.
As past winner of the FRPO/MAC
award of excellence in customer
service, we strive to understand and
respond to the needs of our customer.
We keep the lines of communications
open and we really listen to
what our customers have to say.
SKPM’s embracing of the Certified
Fair Exchange • September / October 2009
Rain doesn't dampen the spirits of
tenants celebrating the Certification of
Sterling Karamar's 730 Dovercourt.
20

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Read the Fine Print
By Harry Fine
The irony is unbelievable. Governments are rewarded when
the trains run on time, when access to services is timely, and
when their actions promote social justice and equality.
Conversely, governments are punished when they are so
detached from the average consumer of government services that they
fail to see what’s broken.
But it’s not often that the government is the one doing the breaking.
Everyone in our industry recognizes that there is a war going on,
minor skirmishes between the isolated small players, those being
individual landlords and tenants small and large. And then the airwar,
fought by the major players who lobby governments and seek
media attention. I’ve been consulting colleagues in my business,
those who have been doing this type of work far longer than I, asking
if they perceive that the dispute resolution process is getting better or
worse. They are unanimous in their opinions that they’ve never seen
it so bad.
It’s the Government’s job to resolve landlord and tenant disputes with
certainty and finality, through the Courts but more often through the
Fair Exchange • September / October 2009
22

administrative agency created by the Conservative government in
June of 1998, once called the Ontario Rental Housing Tribunal,
renamed in 2007 as the Landlord and Tenant Board.
So how can government tolerate the current legislation and the
application of same that is remarkable in its naïveté, both from a
distance and upon close examination of its many provisions We
currently have a regulatory regime where the legislation is so
badly conceived and at times drafted that even the Board
Members and the appellate courts can’t agree on or find a consistent
approach to everyday issues such as:
• What is the proper format for notices of entry into the
rental unit with respect to duration, arrival time etc I’ve
asked the Chair for an Interpretation Guideline to resolve
the confusion. We shall see if we get some clarification.
• What constitutes a properly drafted N4 notice when there
are “old arrears” going back over long periods, perhaps
having credit balances along the way
continued...
The Voice of the Federation of Rental-housing Providers of Ontario
23

Fair Exchange • September / October 2009
• Whether an N4 or other notice is
fatally defective just because dates
are reversed or a month is shown
with the wrong number of days
(November 31 st for instance).
• What factors a landlord should consider
after a tenant has moved out
leaving some items behind before
re-renting the unit, or filing an
application to have the Board find
that the unit has been abandoned
• Whether a tenant who gives notice
to terminate the tenancy orally has
given proper notice, and whether
the landlord should then be obliged
to mitigate by attempting to rerent,
despite the risks involved of
having no written notice.
• Whether a tenant is entitled to an
opportunity to fix something
they have damaged before being
served with an N5 notice rather
than have the landlord fix it to its
standards and with its expertise.
• Whether a single-shareholder
corporate landlord with the
human shareholder acting as the
landlord can obtain his or her
house back with a landlord’s own
use application.
• Whether a tenant who by way of
a motion asks the Board to void
an arrears order after a Sheriff
filing, has to also have paid the
new rent for the month in which
the motion hearing takes place.
• Whether supportive housing
landlords funded through the
Ministry of Health and Long-
Term Care and not governed by
the Social Housing Reform Act
may evict a tenant who can no
longer live independently and is
at risk to themselves and others.
• How should the Board handle
utilities when the tenant is obligated
under a tenancy agreement
to pay them but doesn’t
• How to avoid lease-breaking
parties when the legislation
allows a tenant with “remaining
lease term” to simply act badly so
that they are served with a termination
notice, thereby ending
their obligation to pay rent for
the duration of the lease term
• Whether on a no-fault application
for demolition or landlord’s
own use, the Board should consider
the tenant’s circumstances
prior to eviction, and if so, how
to apply the findings.
• How does one count the number
of voiding days on an N5 notice,
the most common of the conduct
notices, and furthermore, how
does one figure out what constitutes
a breach during the voiding
period, and finally why can’t a
landlord serve a second N5 notice
unless the first has been voided
• Whether the tenant’s willful
blindness should have a bearing
on eviction resulting from
serious illegal acts that were
committed by others in the
rental unit.
• What constitutes persistent late
payment of rent
• What is the standard of proof
required when the landlord’s allegations
about a tenant relate to
criminal activity or conduct that
is morally blameworthy (F.H. v.
McDougall, [2008] S.C.C.)
• How do rentals in condominiums
fit into the statutory regime when
a dispute occurs Who is the landlord
What if there is a conflict of
laws How can the landlord be
held responsible for the common
areas and common elements over
which it has no control
• How does the Board handle rent
increases when the parties agree
to add a prescribed additional
service or facility such as window
air-conditioning, and what
happens if the tenant adds them
unilaterally without an agreement,
and then refuses to pay
• Electrical sub-metering and
smart metering, need I say more.
• How far back can a tenant go
with claims about maintenance,
harassment or illegal rent, and
how far back can the Board order
compensation for same
• How should the Board deal with
unpaid rent, or prospective rent,
when ordering a rent application
adjourned as a result of the
tenant’s request or an action by
the tenant, particularly now that
return dates after an adjournment
are becoming distant events
• How should the Board deal
with Board mediated agreements
or consent orders when
the tenant doesn’t fulfill its part
of the agreement
continued...
24

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Fair Exchange • September / October 2009
I’d rather bet on red or black at a casino
than try to guess how any given
Member might decide an issue
described above on any given day.
Resulting from all this confusion and
inconsistency is the mess we find ourselves
in today. Parties shaking their
heads in wonderment as their matters
are dismissed for reasons they can’t
fathom, too many adjournments
causing delay, too many reviews and
appeals, too many highly contested
applications with complex issues
causing delay and depleting Board
resources, and a shocking growth in
tenant claims raised either by filing a
paper application, or simply raised
without notice at a rent hearing thanks
to s.82.
The current government’s addition
of s.82 acts as an invitation to tenants
who fear that they will be homeless
and who can’t pay the rent. It is just
too easy to raise an issue that’s trivial
and blow it out of proportion, or to
manufacture an issue willfully and
compound the problem by refusing
the landlord entry to repair it.
Relying on the honesty and pure
motives of human beings wrapped
up in litigation is just not good
public policy.
But now add in the impending
increase to the monetary jurisdiction
at the Board from $10,000 to $25,000
which will take place on January 1 st ,
2010. Under the Residential Tenancies
Act, the Board’s jurisdiction will
increase by operation of law effective
that same day. Into this brew, we
throw in for good measure:
• A couple of recent decisions at
Divisional Court and the Court of
Appeal regarding entry and rent
increases that are remarkable;
• Another Divisional Court decision
that allows tenants to be
compensated at the Board for
special and general damages in
tort or in contract;
• Another very recent Divisional
Court decision seemingly erasing
limitation periods for tenant
claims and;
• A faltering economy with
employment not recovering
with an ending recession;
And voilà we have the ideal recipe to
create the perfect storm.
There are a number of implications
for the Ministry, and my insiders
suggest that nothing is being done to
prepare. As it stands, the hearing
blocks are too full and the schedule
too crowded to allow adjudicators
time to properly hear complex
matters. When a tenant is making a
claim for $10,000, and soon $25,000,
the landlord or its agent has an obligation
to vigorously defend the
claim and to hold the tenant to strict
proof of same. The current system,
almost unchanged from 1997,
doesn’t permit this. Some Members
baulk when you try to present and
discuss case law or thoroughly
examine a witness. It wouldn’t be
right at the Small Claims Court, and
it’s not right at the Landlord and
Tenant Board. The Board needs to
consider a number of fixes in order
to prevent the system from falling
further into disarray:
1. Revise the disclosure rules to
mirror those in the Small Claims
Courts. Respondents, landlords
or tenants, should have a right to
be aware of the case against them
before they arrive at a hearing.
2. Add adjudicators and hearing
locations if necessary, and only
appoint lawyers as the issues have
become too complex.
3. Consider revising the Rules about
adjournments, costs and payments
into the Board.
4. Consider bringing back default
judgments that were eliminated
under the Residential Tenancies
Act, perhaps extending the
dispute period to 10 days in order
to free up time for the hearing of
other applications.
5. A legislative change to s.82, scrapping
it and requiring tenants to
file applications, serve and disclose
prior to the hearing of the
landlord’s application, or at very
least a requirement for notice and
disclosure prior to the hearing.
6. Put out real stats for the
Minister and the industry,
showing the average time from
the filing of different types of
applications, to the date the
order is finally issued. The
current stat which reveals only
the time from application to the
first appearance, is meaningless,
masks the problem and frankly
is deceptive.
7. We need some common-sense
clarifications and amendments to
the legislation NOW, to fill some
of the gaps and resolve some of
the existing confusion. F
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The Voice of the Federation of Rental-housing Providers of Ontario
27

Liberal MPP’s Rent-Cap Proposal
Would Hurt Tenants
The recent provincial by-election
in the riding of St. Paul’s
resulted in the election of
Eric Hoskins as the new
Member of Provincial Parliament
(MPP). FRPO members should be
interested to know that his very first
question in the Legislature was on the
topic of tenant protection, and his
question was to the Minister of
Municipal Affairs and Housing.
HST will increase
rental costs
tax (PST) on July 1, 2010, these costs
will all increase by 8%.
The HST will increase rental housing
costs in Ontario by an average 3.3%
to 3.8%, or a new cost of $274 to $320
per unit annually. New tenants and
tenants who move will bear these
higher costs immediately, as will
tenants who live in buildings exempt
from rent controls.
HST Impact: Higher rent
or reduced repairs
impact of the 13% HST on rental
housing providers and tenants.
The harmful effect
of rent controls
Mr. Hoskins then goes on to convey
his concern that “rents are going up”
and “is a rent cap the best way to
ensure affordable rents”. The
Minister of Housing correctly
answers that “Clearly a rent cap
would have a negative impact on the
supply of rental properties.”
Fair Exchange • September / October 2009
In Mr. Hoskins’ two part question,
he first asks about the impact of
HST on rent. The answer from the
Hon. Jim Watson, the housing minister
is technically correct. The HST
will not directly apply to rent. This
is no surprise, as sales tax is never
applied to rent.
What the Minister fails to explain is
that the Goods and Services Tax
(GST) is currently applied to many
items that are necessary for operating
and maintaining an apartment building.
Heat, hydro, property management,
maintenance and repair
contracts, and even legal and accounting
costs, are currently subject to only
the 5% GST. When the 5% GST is harmonized
with the 8% provincial sales
Other tenants will see HST-related
rent increases in future years when
the inflationary effect of the tax
increase is partially factored into
the CPI-based rent control guideline.
Landlords who cannot afford
to increase rents due to competitive
market conditions and high
vacancy rates will have to cut back
on expenditures such as maintenance
and capital repairs in order to
afford the 8% increase in HSTimpacted
costs.
The HST will have a harmful impact
on the affordability and quality of
rental housing in Ontario. FRPO
would be more interested to see Liberal
MPPs advocating for their government
to act quickly to eliminate the negative
The harmful effect of rent controls on
rental housing supply and choice is
very well documented. It should also be
noted that rents in Ontario, and in Mr.
Hoskins hometown of Toronto, are not
going up when adjusted for inflation.
“Clearly a rent cap
would have a negative
impact on the supply of
rental properties.”
The Hon. Jim Watson,
Minister of Municipal
Affairs and Housing,
September 30, 2009
Real rents are dropping
From October 2002 to 2008, inflation-adjusted
average 2-bedroom
28

Tenant protection
ONTARIO HANSARD
September 30, 2009
rents in Ontario dropped from $883
to $834. In Toronto, real rents
dropped from $1047 to $963 over the
same period. Further data shows that
from April 2008 to April 2009,
average 2-bedroom rents in Toronto
only increased 1.6%, less than the
1.8% rent guideline. Also, Toronto
dropped from having the 2nd highest
national average 2-bedroom rent last
year to 3rd place, behind Calgary and
now Vancouver.
Most importantly, rents across Ontario
fail to keep pace with the increasing
costs of supplying rental housing. The
costs of property tax, utilities and
mortgage interest, to name a few, consistently
go up faster than Ontario’s
allowable rent guideline.
To ensure a healthy supply of rental
housing and increased investment in
repairs and maintenance, rent controls
should be eased, not tightened.
Since vacancy-decontrol was introduced
over a decade ago, there is no
evidence that rents are increasing
faster than inflation. On occupied
rental units, having a British
Columbia-style rent guideline (C.P.I.
plus 2%), would be a good start for
Ontario’s government to encourage
investment in rental housing supply
and quality. F
Mr. Eric Hoskins: My question is for the Minister of Municipal Affairs and
Housing. Minister, in my riding of St. Paul’s I’ve had the opportunity to
speak with hundreds of renters who are concerned about the cost of living.
With rising gas prices and a challenging economic outlook, they want to
know that they will be protected. According to the most recent Statistics
Canada data, nearly half of households in the city of Toronto are renters,
many of whom live and work in St. Paul’s. My constituents are working hard
and playing by the rules. They want their government to be working hard
for them.
Minister, under the previous government, the Ontario Rental Housing
Tribunal was known as an eviction machine that had no concern for tenants. I
know this government passed the Residential Tenancies Act in 2006, but rents
are still going up. Would the minister tell us how the Residential Tenancies Act
has helped tenants In addition, will the new HST coming into effect next July
apply to rents
Hon. Jim Watson: It’s a real honour to receive the inaugural question from
the honourable member. I congratulate him and welcome him to this
Legislature. I know he’s going to have a long and very productive future in
Ontario politics.
The new Residential Tenancies Act offers fair and balanced protection between
the rights of tenants and landlords. It’s been in effect for over two years and I’m
pleased to report there is no backlog of cases. Every tenant facing an eviction
now is afforded the benefit of a hearing, which is something new.
Landlords can evict problem tenants with more ease and tenants in buildings
with serious maintenance problems may apply for a freeze on rent
increases. Also, municipalities, such as the city of Toronto, have the power
to licence landlords.
I also want to note that the HST will not apply to rent. Despite misinformation
that we heard in the member’s by-election, the HST will not apply to rent. We’re
proud of the (interrupted)
continued...
The Voice of the Federation of Rental-housing Providers of Ontario
29

The Speaker (Hon. Steve Peters): Thank you.
Supplementary
Mr. Eric Hoskins: These changes will no doubt benefit
renters in my riding, but the reality is the majority of
tenants and landlords never have to go to the landlord and
tenant board. Most tenants pay their rent and most landlords
take care of their properties.
My concern is that rent continues to go up. I’ve been
talking with young families and students who live on tight
budgets. They rely on predictable expenses from year to
year so that they can maintain their standard of living.
With the price of gas and home heating fuels on the rise,
my constituents are paying more attention than ever to
their bottom line. The NDP wants to cap rent for two years
to ensure that rent remains affordable.
I want to know what the Residential Tenancies Act does to
ensure rent does not skyrocket. Is a rent cap the best way to
ensure affordable rents
Hon. Jim Watson: Clearly a rent cap would have a negative
impact on the supply of rental properties. Individuals
who want to build rental properties would be discouraged
to do so.
We’ve brought a much more balanced approach which so far
has kept rent increases low and vacancy rates healthy. The
annual rent increase is now tied to the consumer price index.
It’s fair, it’s transparent and the 2010 guideline of 2.1% protects
tenants from rent increases above the rate of inflation
while allowing landlords to recover increasing costs.
Let’s take a look at the record and go back in history. Under
the NDP, when they were in office, 27% increase in rents;
under the Conservatives, 23.9%, under the McGuinty
Liberal government, 14.4%.
We will continue to take a balanced, practical approach to
landlord and tenant relations. I know we have a great new
defender of tenants in the honourable member from St.
Paul’s and we welcome him to this House. F
Fair Exchange • September / October 2009
30

Bonnie Hoy (1 st row, 4 th from
left), celebrates her company's 25 th
anniversary with current and past staff.
On September 13, 2009,
Bonnie Hoy & Associates
celebrated their 25 th
anniversary. Sixty people
joined the celebration, including 35
people currently working for the
company and 25 people that are now
working full time within the industry
but started with Bonnie Hoy &
Associates. Sterling Karamar was kind
enough allow use of their facilities at
the Gates of Bayview for the event.
Breno Horsth was the recipient
of an education bursary for France.
Breno Horsth was the recipient of an
education bursary for France. Bonnie Hoy & Associates gave
him $10,000 towards his expenses. Breno speaks five languages
and has the distinction of
being the most sought after university
student leasing agent they have ever
had. Breno will be going through a
training program in France and will
then move on to coordinate missions
work in third world countries.
”I was so thrilled that so many people
chose to join us on a Sunday night”,
said leasing and marketing consultant
Bonnie Hoy. “What a terrific group of
people - many came into the industry
and developed careers for themselves
and some like Breno took their chosen path of education
and went into another direction”. F
The Voice of the Federation of Rental-housing Providers of Ontario
31

Aird & Berlis LLP
Brookfield Place, 181 Bay St.
Suite 1800, Box 754, Toronto, ON M5J 2T9
Attention: Robert Doumani
Tel: 416 863 1500 • Fax: 416 863 1515
BMO Capital Markets Real Estate Inc.
1 First Canadian Place, 5th Floor, P.O. Box 150
Toronto, ON M5X 1H3
Attention: Drew Koivu MBA
Tel: 416 359 6781 • Fax: 416 359 4639
Brookfield Financial
Brookfield Place, Bay Wellington Tower
P.O. Box 762, 181 Bay Street, Suite 260
Toronto, ON M5J 2T3
Atention: Colin Catherwood
Tel: 416 956 5212 • Fax: 416 956 5201
Carma Industries Inc.
494 The Parkway, Peterborough, ON K9J 7L9
Attention: Rick Williams
Tel: 888 298 3336 • Fax: 705 743 3575
CMHC Ontario Business Centre
100 Sheppard Ave. E, Suite 300,
Toronto, ON, M2N 6Z1
Tel: 416 221 2642 • Fax: 416 218 3310
Coinamatic Canada Inc.
301 Matheson Boulevard West
Mississauga, ON L5R 3G3
Tel: 905 755 1946 • Toll Free: 1 800 361 2646
Fax: 905 755 8885
Cordeiro Roofing Ltd.
343 Olivewood Rd. Toronto, ON M8Z 2Z6
Tel: 416 234 9901 • Fax: 416 234 9581
info@cordeiroroofing.com
Enbridge Electric Connections
PO Box 650, Scarborough, ON M1K 5E3
Attention: Wendy Mortson
Tel: 905 747 5589 • Fax: 905 881 1732
Enbridge Gas Distribution
P.O. Box 650, Scarborough, ON M1K 5E3
Attention: Rachit Bhambri
Tel: 416 753 4663 • Fax: 416 495 8350
Energex Inc
105-6091 Dyke Rd. Richmond, BC
Attention: Rami Belson, President
Tel: 604 448-1899
First National Financial LP
100 University Ave., North Tower, Suite 700,
Toronto, ON M5J 1V6
Attention: Mr. Peter Cook
Tel: 416 593 1100 • Fax: 416 593 1900
Fuller Landau LLP
151 Bloor Street West, 12th Floor
Toronto, ON M5S 1S4
Attention: Brenda Hadju
Tel: 416 645 6500 • Fax: 416 645 6501
Giant Plumbing & Hardware
Distributors Ltd.
14 Bentley Ave., Nepean ON, K2E 6T8
Attention: Andy Brule
Tel: 613 723 3190 • Fax: 613 723 5733
Madhouse Advertising Inc.
176 John St. Toronto ON, M5T 1X5
Attention: Tami Kenwell
Tel: 416 591-7770 • Fax: 416 596-9897
Great Northern Insulation
935 Keyes Drive, Woodstock, ON N4V 1C3
Attention: Cody Seagrist
Tel: 1 800 265 1914 • cseagrist@gni.ca
hsi solutions
35 Carl Hall Road, Unit 3
Toronto, ON M3K 2B6
Attention: Reaud Singh, Business
Tel: 416 891 6119 • Fax 416 981 4510
2009 CORPORATE
MEMBERS
J.D. Power and Associates
2225 Sheppard Avenue East
Toronto, ON M2J 5C2
Attention: David Hanson
Tel: 416 499 3033 • Fax: 416 499 6626
Marsh Canada Limited
70 University Ave, Suite 800
Toronto, ON M5J 2M4
Attention: Neil Gilbertson
Tel: 416 349 6656
MCAP Financial Corporation
200 King Street West, Suite 200
Toronto, ON M5H 3T4
Attention: Leo St.Germain, Vice President
Tel: 416 847 3870 • Fax: 416 368 8822
Midnorthern Appliance
137 Chrislea Drive
Vaughan, ON L4L 8N6
Attention: Michael Gnat
Tel: 905 850 5335 • Toll-free: 1 877 353 2850
Fax: 905 850 5348
MMPI Canada/
York Communications
10 Alcorn Ave, Suite 100
Toronto, ON M4V 3A9
Tel: 416-512-3809
Murray & Company Limited
40 University Avenue, Suite 502,
Toronto, ON M5J 1S3
Attention: Mr. Robert Lynch, Vice-President
Tel: 416 598 0950 • Fax: 416 597 8415
Reliance Home Comfort
Penmor Mortgage
Capital Corporation
36 Toronto St., Suite 510 Toronto, ON M5C 2C5
Attention: David Scott
Tel: 416 646 1005 • Fax: 416 646 1009
Reliance Home Comfort
2 Lansing Sq, 12th Floor
Toronto ON M2J 4P8
Attention: Joanne Druce
Tel: 416 499 7245 • Fax: 416 499 7095
Rogers Cable Communications
855 York Mills Road, Toronto, ON M3B 1Z1
Attention: Greg Stokes
Tel: 416 446 6500 • Fax: 416 446 7416
Rona
220 chemin du Tremblay
Boucherville PQ J4B 8H7
Tel: 514 599 5900
Fair Exchange • September / October 2009
SOLID General Contractors Inc.
Attention: Carlos Munoz
Tel: 905 475 0707
info@solidgc.ca
Commercial Mortgage Group
TD Commercial Banking
66 Wellington Street West 39th floor
Toronto, ON M5K 1A2
Attention: David Gale
Tel: 416 944 6400 • Fax: 416 307 8423
Sparkle Solutions
2700 Steeles Avenue West, Unit 4
Concord ON L4K 3C8
Tel: 905 660 2282
Toronto Star
1 Yonge Street, 4th Floor Toronto
ON M5E 1E6
Attention: Grace Pastore
Tel: 416 869 4248 • Fax: 416 865 3977
GPastore@thestar.ca
Jacques Whitford
7271 Warden Avenue,
Markham, ON L3R 5X5
Attention: Chris Welch
Tel: 905 474 7704 • Fax: 905 479 9326
Wyse Meter Solutions Inc.
31 Davisville Avenue
Toronto, ON M4S 1G3
Tel: 416 869 9900
Stratacon
641 Chrislea Road, Unit 8,
Woodbridge, ON L4L 8A3
Attention: Peter Mills
Tel : 905 856 4001 • Fax: 905 856 1513
Yardi Systems Inc.
5925 Airport Road, Suite 510,
Mississauga, ON L4V 1W1
Attention: Mr. Peter Altobelli
Tel: 905 671 0315 • Fax: 905 671 9424
email: peter.altobelli@yardi.com
32

T he Message
is Always
Your Business
By David Eisenstadt, Founding Partner, The Communications Group Inc.
Interviews with print, online, radio and TV
reporters can be an uncomfortable experience
for business leaders -- they interrupt hectic
schedules and can result in coverage of events
you may prefer were left in the background.
Nevertheless, if you're a business leader you owe it
to your shareholders, your employees, your customers
and suppliers to enhance your organization's
visibility in the marketplace.
David Eisenstadt
Remember that you are merely the subject of the
interview. If you know what you are doing, you
needn't become a journalist’s hit-and-run victim.
Here are some recommendations to help you survive those tough interviews, whether
live at a news conference, on the street, in a scrum or by phone:
• Prepare for all major print, broadcast and online interviews. Don't assume your
closeness to the situation means you've got all the answers. For example, it
could matter very little to you to know how long your organization has been in
its present location -- but it will seem obvious to a reader, listener or viewer that
you should know.
continued...
The Voice of the Federation of Rental-housing Providers of Ontario
33

• Vocalize your responses in advance. Knowing a subject thoroughly and crafting a written
response in the clearest, simplest terms are helpful. But you won't really know how clearly
you can explain something vocally until you do just that. Start with a sympathetic listener
on your home turf.
• Supply background material beforehand. It helps an interviewer to have explanatory information
on details he or she may not have known enough about to ask. Your function should
be to comment on issues and situations, not to conduct a seminar on what those issues are
for the interviewer.
• Maintain some control from the beginning. In a face-to-face interview, begin if there's time
by asking the interviewer about his or her background. It will make the following conversation
sound less like the interrogation of a hostile witness. You can't do this effectively in a
phone interview.
• If the interviewer is a novice, it helps to reinforce your credentials
as the expert in this matter. Don't treat the novice reporter
with disdain because it will come back to haunt you. If the
interviewer is highly knowledgeable, you've been forewarned.
• Don't be misled by the apparent simplicity of questions. If
you are worth being interviewed, there is news value in
quoting you directly.
• Don't answer hypothetical questions. You might turn them
around by explaining what your organization's policy has
been in the past, but there's nothing to be gained by locking
yourself into a position based on a hypothetical situation.
• Don't presume to redirect the story line. You may well prefer
news coverage of something unrelated to what the editor or
reporter wants to write or broadcast about. The interviewer
may listen politely, but if what you say is considered a nonstory,
you've wasted time -- yours and the interviewer's.
...if you're a business
leader you owe it to
your shareholders,
your employees, your
customers and
suppliers to enhance
your organization's
visibility in the
marketplace.
• Never buffalo a reporter, even a novice. You'll only get away with it as long as the interview
itself lasts. Eventually, your comments will cross the desk of a much more worldly editor or
producer, who will recognize bafflegab for what it is. Story killed!
Fair Exchange • September / October 2009
A Final Thought:
If you expect to be the subject of media attention on a regular basis, consider media training. Its
personal development at its best and if you learn how to deal with the news media, you can deal
with anyone. F
David Eisenstadt, Fellow PRSA, Fellow CPRS, is Founding Partner with The Communications Group Inc.,
a Toronto-based public relations consulting firm serving corporate clients across Canada… www. tcgpr.com
34

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The Voice of the Federation of Rental-housing Providers of Ontario
35

CAPREIT
Appoints New
C.F.O.
Company Commends Yazdi Bharucha for His Years of Service
On September 29, 2009, FRPO member Canadian Apartment Properties Real
Estate Investment Trust (CAPREIT) announced that Mr. Richard Smith had
been appointed Chief Financial Officer effective October 13, 2009 on the retirement
of Mr. Yazdi Bharucha.
"Yazdi has made an immeasurable contribution to our growth and performance since we
entered the public capital markets in May 1997," commented Mr. Thomas Schwartz, President
and CEO. "As a key member of our senior management team, he was instrumental in helping
take CAPREIT from a value of $100 million at the time of our IPO to almost $1 billion today.
Fair Exchange • September / October 2009
“He brings
significant
depth and
experience
to our senior
management
team...”
Mr. Thomas
Schwartz, President
and CEO, CAPREIT
During his tenure he secured more than $1 billion in financings to fund our growth, and
was a key player in the successful and accretive acquisition of ResREIT. He has also put in
place a strong financial management team and network of advisors that will stand us well
as we move forward. His commitment and professionalism will be missed by everyone at
CAPREIT, and we wish him every success in the future."
"I am very proud of everything we have accomplished at CAPREIT, and thank my financial
management team for their support and dedication over the last twelve years,'" Mr.
Bharucha stated.
Mr. Smith was formerly Executive Vice-President and Chief Financial Officer of MI
Developments Inc., a publicly-traded real estate company focused on the ownership, leasing
and management of a portfolio consisting of 105 income producing properties.
Prior to joining MI Developments, he was Vice-President of Corporate Development at
Magna International Inc., an Associate Director in the Mergers and Acquisitions group at
Scotia Capital Inc., and a Senior Associate at Coopers and Lybrand (now
PriceWaterhouseCoopers). He received his Juris Doctor and Master of Business
Administration from the University of Toronto in 2001, and an Honours Bachelor of
Commerce from the University of Ottawa in 1995. He is a Chartered Accountant, a U.S.
Certified Public Accountant, and was called to the Bar in New York State.
"We are very pleased and excited to have Richard join CAPREIT," Mr. Schwartz added. "He
brings significant depth and experience to our senior management team, and we look forward
to the contribution he will make as CAPREIT enters the next phase of its growth." F
36

Kevin T. O’Leary
2009 Awards Gala Key Note Speaker
He's opinionated, he's ruthless, he
hungers for big deals and loves to
take control yet he made his millions
helping children learn how to read.
company, O’Leary Funds. He raised hundreds of
millions of dollars from investors who share his
“get paid while you wait” yield oriented value
investing philosophy.
You have seen
him on Dragons’
Den and Shark
Tank, now see
him live at FRPO’s
Awards Gala
December 3,
2009, at the
Metro Toronto
Convention
Centre.
Kevin's success story starts where most entrepreneurs
begin: with a big idea and zero cash. From
his basement, he launched SoftKey Software
Products. As sales took off, Kevin moved to head
quarters in Cambridge Massachusetts and went
on an industry consolidating acquisition binge.
From 1995 to 1999 he bought almost every one of
his software competitors including, Mind scape,
Broderbund and the Learning Company in the
industry’s first vicious public hostile battle.
Shareholders love his take no prisoners cost
cutting style and fueled him with billions to do
his deals. In 1999, Kevin sold his company to the
Mattel Toy Company for a staggering 3.7 billion
dollars, one of the largest deals ever done in the
consumer software industry.
To keep his money working hard, Kevin took
control of his wealth from his lackluster money
managers and founded his own mutual fund
He shares his tips and tribulations with a national
television audience and turns the Street upside
down in the process. As a self-proclaimed
“Eco-preneur” Kevin looks hardest for investments
that make money – and are environmentally
friendly. When he’s not squeezing the market
from his office in West Palm Beach he travels the
world looking for new opportunities to deploy his
capital. He is a founding investor and director of
Stream Global an international business out
sourcing company. Kevin is on the investment
committee of Boston's prestigious 200-year-old
Hamilton Trust, and is the Chairman of O’Leary
Funds. He also serves on the executive board of
The Richard Ivey School of Business Kevin escapes
on weekends with his family to his luxurious
cottage that spreads over prime Canadian wilderness
on the shore of an ancient glacial lake. Kevin
was born in Montreal Canada on July 9 th 1954, he
lives in West Palm Beach Florida. F
Fair Exchange • September / October 2009
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38

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FRPO Bulletin Wrap-Up
Fire Marshall’s Alarm System Campaign:
FRPO to Challenge Orders
FRPO would like to advise its members that there
appears to be a campaign by the Fire Marshall to have
local Fire Inspectors throughout Ontario require
testing and upgrades of alarm systems. Orders are
being issues which require owners to make alterations
to the building, notwithstanding Section 22 of the Fire
Prevention Act which states that no order shall require
alterations to the building if it complied with the
Building Code in place at the time it was constructed,
with the exception of Fire Retrofit Code. These new
orders are not part of the retrofit code. At the moment,
the activity by the Fire Marshall appears to be concentrated
in Southwestern Ontario in Chatham, Windsor,
London and Woodstock.
obstacles related to interior and exterior building spaces
and applies to housing (eg: doors, entrances, hallways, elevators,
kitchens bathrooms, garbage chute rooms and
parking spaces).
FPRO is has submitted recommendations on behalf of
landlords to the government. One of our key positions is
that a retrofit requirement for rental housing would be costprohibitive
and impractical.
All new construction and
major renovation affected
The proposed standard focuses on preventing barriers on a
go-forward basis. Under this proposed standard, all new
buildings and buildings undergoing major renovations would
need to meet the proposed requirements if passed as law.
We believe that it is unlikely that many pre-1997 constructed
suites can meet this standard. Cost estimates for the
engineering, testing and installation of alternative measures
(mini-horns) may be greater than $1,000 per suite.
Members should know that FRPO intends to challenge
this direction. Orders of this type are currently on appeal
to the Fire Safety Commission. If there is not a satisfactory
outcome of these appeals, FRPO will be appealing the
decision to the Divisional Court. There is a long standing
principle worth defending that new building and fire standards
cannot be applied retroactively to the existing stock
of buildings.
The government does not plan to require that all existing
buildings be retrofitted to meet accessibility requirements
in the final accessible built environment standard at this
time. Future consultations by the government will consider
retrofit issues.
So far, FRPO has advocated on behalf of the rental industry
by meeting with:
• Policy staff from the Office of the Minister of
Community and Social Services
• The Assistant Deputy Minister of the Ministry of
Community and Social Services
Fair Exchange • September / October 2009
For additional information, please contact
Vince Brescia at 416.385.1100 x 20
Ontario Government Proposes New
Accessibility Standards
Ontario is seeking input on its proposed built environment
accessibility standard. This proposed accessibility
standard introduces new measures to prevent disability
• The Independent Reviewer of the Accessibility for
Ontarians with Disabilties Act
• The Accessible Built Environment Public
Consultation Panel
FRPO has also submitted written input directly to the
Minister and the Chair of government’s Accessible Built
Environment Standard Committee.
40

What should landlords and
property managers do
The proposed standard is not yet law. For now, you should
review the proposed accessibility standard (see below) and
familiarize yourself with some of the requirements. As
noted, the government says they do not plan to make the
standards retroactive. If you are planning new projects or
major renovations, you should consult with your contractors,
architects and designers to ensure they are aware of the
proposed standards.
Key Points
Human Rights Commission Releases
Policies for Rental Housing
The Human Rights Commission released new guidelines
that review the rules, policies and procedures that help
ensure the practices of private and public sector housing
providers are non-discriminatory in nature.
The Commission’s Policy on Human Rights and Rental
Housing is a comprehensive look at how barriers to housing
can be identified and eliminated. FRPO members can
review the full report at: www.ohrc.on.ca/en/resources/
Policies/housing
Some key points FRPO is submitting include:
• All existing rental housing buildings must remain exempt
from the proposed standard’s retrofit requirement.
• Requiring retrofit of existing housing would:
• impose undue financial hardship on landlords
• result in above guideline rent increase (AGI’s)
applications with substantially increased rents
for tenants
• cause significant inconvenience for existing tenants
• Landlords and property managers recognize the need
for accessibility and already are responsible for accommodating
disabled people under Ontario’s Human
Rights Code
• Deadlines for compliance for new construction (12
months) and major renovations (12 to 36 months) are
too short to be realistically implemented.
• Requiring accessibility measures in every single new
housing unit will increase the cost of housing, and
have a disproportionate negative impact on lower
income tenants.
How you can learn more
More information, including details of the proposed standard,
can be found at www.mcss.gov.on.ca/mcss/english/
pillars/accessibilityOntario/accesson/business/environment
For more information, contact:
Mike Chopowick, Manager of Policy, 416-385-1100 x21
The Commission’s report does not change any existing laws
or regulations related to human rights and discrimination.
Its purpose is to provide tools, practical scenarios and information
that can be applied to everyday situations, so that
human rights problems can be eliminated quickly or prevented
from happening in the first place. The report
includes information to help landlords take proactive steps
to ensure their policies are not having an adverse impact
based on Code grounds.
Under Ontario’s Human Rights Code, tenants and housing
providers have certain rights and obligations. But the Code
does not spell out what these protections and duties mean.
The Commission’s new policy document gives practical
advice on how people can exercise their rights and fulfill
their obligations.
The Commission also released a separate document for
housing providers, titled, “Human Rights in Housing – An
Overview for Landlords”. It can be obtained from the
Ontario Human Rights Commission at www.ohrc.on.ca.
For more information, contact:
Mike Chopowick, Manager of Policy, 416-385-1100 x21
The Voice of the Federation of Rental-housing Providers of Ontario
41

Upcoming Events
PM EXPO
December 2-4, 2009
Metro Toronto Convention Centre
PM Expo is a property management trade exposition and conference held on December 2-4, 2009 at the Metro Toronto
Convention Centre, South Building. Combining educational seminars and exposition, this Show will facilitate and accelerate
the exchange of ideas, best practices, and product knowledge for this vital industry http://www.pmexpo.com
FRPO M.A.C Awards Gala 2009
December 3rd, 2009
Metro Toronto Convention Centre
The MAC Awards Gala is the most important annual event for our members, and is well attended by over 600 rental housing
providers ranging from hands-on owners/managers to third party management and holding companies. We will be recognizing
excellence in the residential rental housing industry and advancing the high standards that FRPO aims to promote.
Get your ticket now! For more information and to register, please call FRPO at (416) 385-1100. Registration is required.
For more information or to register, call FRPO at 416-385-1100 or info@frpo.org
DEC 3, 2009
Fair Exchange • September / October 2009
42
GUEST SPEAKER: Kevin O’Leary
Canadian entrepreneur and venture capitalist,
as seen on CBC’s Dragons’ Den.
RESERVE YOUR TABLE TODAY!
Contact Laurie Cooper at 416-385-1100 ex. 23

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