Expiry of a Termination Order (LTB): Difference between revisions
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:(3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect. R.R.O. 1990, Reg. 194, r. 63.03 (3). | :(3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect. R.R.O. 1990, Reg. 194, r. 63.03 (3). | ||
<ref name="Reg194">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, under Courts of Justice Act, R.S.O. 1990, c. C.43, <https://www.ontario.ca/laws/regulation/900194#BK632>, retrieved 2024-08-07</ref> | |||
==Procedural Issues Regarding Eviction Applications, Interpretation Guideline 10<ref name="Guideline 10"/>== | |||
<b>Expiry of the Eviction Order</b> | |||
Under section 81 of the RTA, an order of the Board that evicts someone expires within 6 months of the date the order unless it is filed with the appropriate Court Enforcement Office before that time. <b><u>This expiration provision applies notwithstanding any appeal proceeding that may be initiated in a court of competent jurisdiction.</b></u> Once an eviction order expires, there is no authority to renew it, nor will the landlord be able to apply again for the same remedy for the same time period. | |||
<ref name="Guideline 10">Procedural Issues Regarding Eviction Applications, Interpretation Guideline 10, <https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/10%20-%20Procedural%20Issues%20Regarding%20Eviction%20Applications.html>, retrieved 2024-08-07</ref> | |||
==References== | ==References== | ||
Latest revision as of 15:58, 7 August 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2401 |
| Page Categories: | [Category:Hearing Process (LTB)] |
| Citation: | Expiry of a Termination Order (LTB), CLNP 2401, <>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2024/08/07 |
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Residential Tenancies Act, 2006, S.O.[1]
81 An order of the Board evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located. 2006, c. 17, s. 81.
R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE[2]
63.03 (1) Where an order is stayed, no steps may be taken under the order or for its enforcement, except,
- (a) by order of a judge of the court to which a motion for leave to appeal has been made or an appeal has been taken; or
- (b) as provided in subrules (2) and (3). R.R.O. 1990, Reg. 194, r. 63.03 (1).
- (2) A stay does not prevent the settling, issuing and entering of the order or the assessment of costs. R.R.O. 1990, Reg. 194, r. 63.03 (2); O. Reg. 12/24, s. 7.
- (3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect. R.R.O. 1990, Reg. 194, r. 63.03 (3).
Procedural Issues Regarding Eviction Applications, Interpretation Guideline 10[3]
Expiry of the Eviction Order
Under section 81 of the RTA, an order of the Board that evicts someone expires within 6 months of the date the order unless it is filed with the appropriate Court Enforcement Office before that time. This expiration provision applies notwithstanding any appeal proceeding that may be initiated in a court of competent jurisdiction. Once an eviction order expires, there is no authority to renew it, nor will the landlord be able to apply again for the same remedy for the same time period.
References
- ↑ 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK111>, retrieved 2024-08-07
- ↑ 2.0 2.1 R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, under Courts of Justice Act, R.S.O. 1990, c. C.43, <https://www.ontario.ca/laws/regulation/900194#BK632>, retrieved 2024-08-07
- ↑ 3.0 3.1 Procedural Issues Regarding Eviction Applications, Interpretation Guideline 10, <https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/10%20-%20Procedural%20Issues%20Regarding%20Eviction%20Applications.html>, retrieved 2024-08-07
