Are There Any Exceptions to the Covid Eviction Ban?
Effective April 8 2021, Enforcement of Residential Eviction Is Suspended. However, If An Order Issued By the Landlord Tenant Board or a Superior Court Judge Requires Expedited Eviction, Enforcement May Still Proceed.
Understanding the 2021 Restrictions and Exceptions Regarding Eviction Enforcement Due to Covid19
As is effective April 8 2021, and as issued in response to the continuing Covid19 crisis, an Order to suspend enforcement of residential eviction was initiated by the Ontario government. There are a few exceptions to the suspension that will require a special Order from the Landlord Tenant Board or a Superior Court judge.
Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.
The Law
In accordance to O. Reg. 266/21 issued under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, all residential evictions are suspended unless ordered expedited by either the Landlord Tenant Board or a judge of the Superior Court of Justice. Specifically, the Order by Provincial Regulation states:
Terms of Order
1. The terms of this Order are set out in Schedule 1.
Application
2. This Order applies as of 12:01 a.m. on April 8, 2021.
SCHEDULE 1
EVICTIONS
No enforcement of evictions or writs of possession
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.
Summary Comment
As shown within the Order, there are exceptions that will still allow for the enforcement of some residential evictions. Interestingly, this Order, unlike the previous eviction suspension Order, provides authority for the Landlord Tenant Board to issue an expedited Order which may be enforced.
NOTE: A great many online searches for “lawyers near me” or “best lawyer in” frequently indicate a desire for prompt and proficient legal help rather than a particular designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers, and they have the authority to represent clients in certain litigation issues. Their role hinges on advocacy, legal assessment, and procedural expertise. DefendCharges.ca™ provides legal representation within its licensed mandate/scope, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy with the goal of attaining effective and positive outcomes for clients.
