First Decision of the LTB related under Eviction Law Reform

July 9th, 2014 by Celia Chandler

On July 3, 2014,  a Hearing Officer with the Landlord and Tenant issued what we believe to be the first order of the LTB under the new co‑op eviction system – the file number is TNC‑00001‑14.

We filed a C3 application and a detailed affidavit on behalf of one of our clients to seek an eviction order for a unit.  This is the application that is used when Co‑op members give notice that they’re moving out but then don’t leave at the end of the notice period.   Unlike eviction applications that follow a notice to appear, C3 applications are dealt with by the Board without notice to the Co‑op member under section 94.10 of the Residential Tenancies Act.   Providing the Co‑op member does not make a motion to set aside the order within 10 days of the order, the Order can be filed with the Sheriff to have it enforced, that is, to have the eviction carried out.

The new application system worked as it should – we filed the application, affidavit and fee on June 23; on June 26 we had confirmation of its receipt; and on July 3 the LTB issued the order.   We received it four days in the mail.  Assuming the LTB receives no motion to set aside the order, we can send it to the sheriff on our client’s behalf anytime after July 15, 2014.

If you’d like us to handle any eviction work under the new system for you, give us a call.  We bring to the table many years of LTB experience and strong understanding and commitment to housing co‑ops to get the job done quickly.

Filed in: Co-operative Law, Housing

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