Thursday, 2 April 2020

Landlord and Tenant Board Emergency Process (COVID RELATED)

Steps to be taken in case of emergency issues (HEALTH AND SAFETY)

The Ontario Landlord and Tenant Board has issued a directive and created a motions process to allow the scheduling of eviction proceedings where there are serious issues arising in the context of "health and safety".

You can find the forms to ask for an urgent hearing on the LTB website, they are reproduced below.  Please note the exceptional nature of the motion and how the burden to prove the need for an urgent hearing is very very high.  The instructions form specifies the criteria.

One should also make note that the hearing process at the LTB will not get you an enforceable eviction Order (even if fully successful).  If you do get an Order terminating and evicting a tenant that Order is effectively unenforceable until you bring a motion/application to a Superior Court Judge as the enforcement process is through the Court Enforcement Office.  Whether that motion will result in immediate enforcement or not is not entirely clear to me at the moment.  Some of the Divisional Court decisions in recent days seem to suggest that the enforceability will only arise when the Sheriff starts enforcing again.  That being said, I wonder if given the Health and Safety nature of the Orders that the Court might not order/request the Sheriff to enforce the order notwithstanding the standstill on evictions (and then whether the sheriff would act with such a direction is another question).

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