UPDATE: Some Helpful Clarifications from the LTB Regarding Evictions

August 5th, 2020 by Iler Campbell

This post is an update to our April 9, 2020 blog post.

The Ontario Superior Court issued an Order on March 19, 2020, suspending evictions until the end of the calendar month in which the provincial state of emergency is terminated. In accordance with the Order, the Landlord and Tenant Board stated that it would be suspending all hearings related to evictions unless the matter is urgent, such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. Despite the suspension of non‑urgent evictions, Landlords were still able to serve eviction notices and subsequently file an eviction application.

The Reopening Ontario (A Flexible Response to Covid‑19) Act, 2020 became law on July 24, 2020. Section 17 of this statute states “Unless it has been terminated before this section comes into force, the COVID‑19 declared emergency is terminated and Ontario Regulation 50/20 (Declaration of Emergency) is revoked.”  Therefore, as of August 1, 2020, residential evictions are no longer suspended.

The LTB announced that as of as of August 1, 2020, it will:

  • Begin to issue eviction orders that are pending;
  • Start to issue consent eviction orders which are based on landlord and tenants settling their dispute through an agreement;
  • Continue to hear urgent eviction matters related to health and safety that are scheduled;
  • Start to schedule hearings for non-urgent evictions; and
  • Conduct non-urgent eviction hearings starting in mid-August and into the fall.

The LTB will likely be hearing non‑urgent applications based on the order in which they were received and processed, with the exception of urgent applications, which have priority. As services resume, hearings during COVID‑19 will be heard by video conference, phone or writing.

As the LTB dusts off its gears and winds its regular application process into motion once again, we encourage you to contact us with any of your application needs.

Filed in: Housing

Tags: ,