Sheriff Fee's - Re: Set-Aside Order s.78(11)

Khan v. Campbell, 2021 ONSC 6521 (CanLII)

[5] Section 74(11) of the Residential Tenancies Act clearly defines what must be paid by the Tenant to have the Board set aside an eviction order thereunder. The payment of enforcement fees under the Administration of Justice Act is not among the payments required and the inclusion of those fees in its determination of whether the Tenant was entitled to relief was a legal error.

[6] As we are unable to determine from the Board’s decision or the record before us whether the Tenant met the requirements of s. 74(11), it is appropriate to grant the Tenant’s appeal and remit the matter to the Board for a new hearing. There shall be no order as to costs.