ONTARIO EVICTION MORATORIUM
NEW DECLARATION OF EMERGENCY: There are exceptions!
The Province of Ontario declared a further Emergency under the Emergency Management and Civil Protection Act (Ont Reg 264/21) on April 7, 2021. For Landlord and Tenant Law purposes the question is whether this declaration has any impact on Evictions and Hearings at the Ontario Landlord and Tenant Board.
Landlords and Tenants are wondering if it is possible for an eviction to proceed at this time (during the Emergency) and if not whether there are any exceptions.
The fact is that as of April 8, 2021, evictions are stayed (meaning they can not be enforced by the Sheriff). This stay will continue until April 21, 2021, unless it is extended before then. There is, however, an exception. In cases where the Landlord and Tenant Board determines that an eviction should proceed in any event, the Landlord and Tenant Board can order that the sheriff expedite the enforcement of the eviction. If such an Order is made then the eviction can be enforced even though there is a "stay" in effect. An expedited eviction is most likely to be ordered where there is a serious illegal act or impaired safety continuing in the Residential Complex and it is necessary to evict in all of the circumstances.
The Order dealing with residential evictions is reproduced below but you can find it at this LINK as well.
As for proceedings at the Ontario Landlord and Tenant Board they are continuing. Hearings are being held online (virtually). The Landlord and Tenant Board is switching to a Zoom platform from Teams. If you have a hearing coming up you might want to consider watching a hearing in the virtual context to see how it goes and so you can plan your own presentation of your case on in the virtual world.
Terms of Order
Application
SCHEDULE 1
EVICTIONS
No enforcement of evictions or writs of possession
1. (1) No person shall attend at a residential premises for the purpose of enforcing any of the following:
1. An order evicting a tenant under the Residential Tenancies Act, 2006.
2. A writ of possession issued by the Superior Court of Justice removing a person from their place of residence.
(2) Subsection (1) does not apply if,
(a) in respect of an order described in paragraph 1 of subsection (1), the Landlord and Tenant Board requests that the sheriff expedite the enforcement of the order; or
(b) in respect of a writ of possession described in paragraph 2 of subsection (1), a judge of the Superior Court of Justice orders that the sheriff expedite the enforcement of the writ.
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