Eviction Moratorium (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	1957
Page Categories:	[Limitations]
Citation:	Eviction Moratorium (LTB), CLNP 1957, <>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2022/07/19

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ATTORNEY GENERAL FOR ONTARIO v. PERSONS UNKNOWN

THIS APPLICATION made by the Attorney General for Ontario for an order suspending the execution of all writs of possession to evict residents from their homes during the 2019 novel coronavirus (COVID-19) pandemic and ancillary relief, made without notice, was read this day at Osgoode Hall, Toronto.

ON READING the notice of application and the affidavit of Vaia Pappas, affirmed March 18, 2020,

1) THIS COURT grants leave to bring this application ex parte without service of the notice of application on parties to residential eviction orders.

2) THIS COURT ORDERS that the eviction of residents from their homes, pursuant to eviction orders issued by the Landlord and Tenant Board or writs of possession, are suspended until the end of the calendar month in which the state of emergency declared pursuant to section 7.0.1(1) of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, is terminated, unless the court orders otherwise upon leave being granted to a party by the court pursuant to the court’s procedures for urgent motions

3) THIS COURT ORDERS that this order be served on the public by posting a notice of it on the websites of the Ministry of the Attorney General and the Superior Court of Justice.

Ontario (Attorney General) v. Persons Unknown, 2020 ONCA 541 (CanLII)

[2] On July 6, 2020, the Chief Justice of the Superior Court of Justice granted an order that resulted in the end of the moratorium on residential evictions in Ontario as of July 31, 2020. The moving parties seek to reinstate that moratorium and have commenced proceedings to set aside the July 6, 2020 order.

[3] The moving parties brought a motion for an urgent stay of the July 6, 2020 order until the application to set aside that order could be heard. On August 2, 2020, Myers J. dismissed the motion for the stay. He noted at paras. 32 and 33 of his reasons that balancing “the risk of COVID-19 for the subset of evicted, vulnerable tenants and mortgagors who may end up homeless or in shelters against the economic risk to landlords and mortgagees of a further delay of evictions” reflected policy choices for the government. However, if the matter were to proceed, he directed that one or more case conferences were to be held to determine process and parties.