Expedited Enforcement (LTB): Difference between revisions

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<ref name="RE">O. Reg. 13/21: RESIDENTIAL EVICTIONS, <https://www.ontario.ca/laws/regulation/210013>, reterived 2021-01-14</ref>
<ref name="RE">O. Reg. 13/21: RESIDENTIAL EVICTIONS, <https://www.ontario.ca/laws/regulation/210013>, reterived 2021-01-14</ref>
==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>==
84 Subject to clause 83 (1) (b), the Board shall, in an order made under section 69 based on a notice given under subsection 61 (1) that involves an illegal act, trade, business or occupation described in clause 61 (2) (a) or based on a notice given under section 63, 65 or 66, request that the sheriff expedite the enforcement of the order.  2006, c. 17, s. 84.
<ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK113>, reterived 2021-01-14</ref>


==TSL-61628-15 (Re), 2015 CanLII 36936 (ON LTB)<ref name="TSL-61628-15"/>==
==TSL-61628-15 (Re), 2015 CanLII 36936 (ON LTB)<ref name="TSL-61628-15"/>==

Revision as of 18:00, 14 January 2021


O. Reg. 13/21: RESIDENTIAL EVICTIONS

1. (1) No person shall attend at a residential premises for the purpose of enforcing any of the following:

1. An order evicting a tenant under the Residential Tenancies Act, 2006.
2. A writ of possession issued by the Superior Court of Justice removing a person from their place of residence.
(2) Subsection (1) does not apply if,
(a) in respect of an order described in paragraph 1 of subsection (1), the Landlord and Tenant Board requests that the sheriff expedite the enforcement of the order; or
(b) in respect of a writ of possession described in paragraph 2 of subsection (1), a judge of the Superior Court of Justice orders that the sheriff expedite the enforcement of the writ.

[1]

Residential Tenancies Act, 2006, S.O. 2006, c. 17[2]

84 Subject to clause 83 (1) (b), the Board shall, in an order made under section 69 based on a notice given under subsection 61 (1) that involves an illegal act, trade, business or occupation described in clause 61 (2) (a) or based on a notice given under section 63, 65 or 66, request that the sheriff expedite the enforcement of the order. 2006, c. 17, s. 84.

[2]

TSL-61628-15 (Re), 2015 CanLII 36936 (ON LTB)[3]

15. Based on the impact that the Tenant’s cigarette smoking is having on other tenants, the Landlord’s representative requested that I request, in this Order, that the Sheriff expedite the enforcement of this Order.

It is ordered that:

8. If, on or before May 12, 2015, the Tenant pays the amount of $5,070.00** to the Landlord or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be terminated and the Tenant could remain in the unit. If this payment is not made in full and on time, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Sheriff is requested to expedite the enforcement of this order.

[3]

HOL-01640-17 (Re), 2017 CanLII 70503 (ON LTB)[4]

1. The Landlord served the Tenant with an N6 and two N7 notices on July 12, 2017. The notices clearly identify that the Landlord is seeking the immediate termination of the tenancy because: (i) on July 5, 2017, the police searched the rental unit to uncover a “semi-automatic hand gun” and a “large quantity of cocaine and heroin”, which resulted in the Tenant being arrested; and (ii) the Tenant changed the locks to the main entry door.

8. HL also requested that due to prima facie illegal and serious nature of the Tenant’s actions, the Landlord is seeking that the Sheriff be requested to expedite the enforcement of an eviction order pursuant to section 84 of the Act.

It is ordered that:

6. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after August 22, 2017. The Sheriff is requested to expedite the enforcement of this order.

[4]

References

  1. O. Reg. 13/21: RESIDENTIAL EVICTIONS, <https://www.ontario.ca/laws/regulation/210013>, reterived 2021-01-14
  2. 2.0 2.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK113>, reterived 2021-01-14
  3. 3.0 3.1 TSL-61628-15 (Re), 2015 CanLII 36936 (ON LTB), <http://canlii.ca/t/gjtlj>, retrieved on 2021-01-14
  4. 4.0 4.1 HOL-01640-17 (Re), 2017 CanLII 70503 (ON LTB), <http://canlii.ca/t/hmmxt>, retrieved on 2021-01-14