Status Update
Regarding Landlord Tenant Board Operations and Backlog of Hearings
Page last modified : December 08 2023
When Will the Landlord Tenant Board Get Back to Regular Business?
It's unclear when the Landlord Tenant Board will resume regular operations.
Understanding What to Expect From the Landlord Tenant Board Due to Covid Causing Delays
The Landlord Tenant Board is attempting to return to regular operations following months of restricted operations, focusing solely on urgent issues including threats to public health and safety or illegal activity. Naturally, where
Prior to the Covid-19 Crisis, the Landlord Tenant Board faced operational difficulties. It’s reasonable to assume that achieving normal operations, defined as what would be expected of an efficient tribunal, might still be a distant goal. Therefore, it might be wise not to assume that all cases will now be promptly addressed and scheduled.
Gradually Expanding Services
According to the Landlord Tenant Board announcement dated July 30th, the resumption of operations starting August 1st entails a gradual expansion of services. Details regarding a complete return to normal operations remain undisclosed. Currently, the Landlord Tenant Board:
Scheduling
As per the Landlord Tenant Board announcement, the resumed operations will prioritize scheduling non-urgent evictions, particularly those not related to health and safety concerns, such as rent payment arrears. Moreover, considering the reported backlog of scheduled hearings predating the Covid Crisis, attributed in part to a shortage of adjudicators as widely covered by sources like the Toronto Star and CBC, and the ongoing investigation by the Ontario Ombudsman Office regarding these delays, it raises interest and probable concern about the potential waiting period for hearing dates as the rescheduling of matters begins.
Enforcement Moratorium
On July 6, 2020, the Chief Justice for the Superior Court of Justice in Ontario modified the previous Order issued on March 19, 2020, which had resulted in the suspension of residential evictions, commonly known as a moratorium on evictions. The amendment revised the original Order to end the eviction suspension at the conclusion of the calendar month following the government’s declared emergency. Consequently, as the declared emergency ended in July, per Bill 185 and the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, Chapter 17, section 17, the Chief Justice’s amended Order was triggered, terminating the moratorium on evictions. In simpler terms, the moratorium ended at the close of July, allowing the eviction process, including those enforced by the Office of the Sheriff, to resume. Following nearly five months of very limited operations, the Office of the Sheriff is anticipated to handle a substantial backlog of requests for vacant possession of rental units for landlords.
Interestingly, in response to the lifting of the eviction moratorium, the Advocacy Centre for Tenants Ontario filed an urgent motion in the Superior Court seeking an Order to uphold the moratorium on evictions. Their motion specifically aimed to set aside or Stay the amended Order by the Chief Justice, which would have continued the moratorium. The Superior Court heard this urgent motion on July 31st, and the Judge delivered a decision on August 2nd. However, similar to the case of Attorney General for Ontario v. Persons Unknown, 2020 ONSC 4676, the request to set aside or Stay the Order by the Chief Justice, and consequently maintain the moratorium, was denied. Specifically, it was stated:
[41] The arguments presented on both sides regarding the July 6, 2020 order heavily revolve around public policy choices concerning tenants’ and landlords’ interests amidst uncertain predictions about the pandemic’s course. There are distinct and potentially conflicting interests among various classes of tenants, mortgagors, landlords, and mortgagees. However, this isn’t the matter that was under consideration by the Chief Justice, and it isn’t a legal issue that the court should address.
[42] While the “serious issue to be tried” standard isn’t overly demanding, the arguments put forth by the purported representatives of tenants and landlords don’t raise substantial issues relevant to the case.
[43] The court’s order was necessary to enforce the moratorium due to existing legal mandates compelling Enforcement Officers to act. However, the underlying argument the representatives wish to engage in remains unchanged—they aim to debate whether evictions should be permitted in Ontario at this time. The Chief Justice primarily focused on the phased reopening of the court and when Enforcement Officers would resume duties.
[44] Whether tenants seeking to avoid eviction due to the pandemic should approach the Landlord and Tenant Board or bring motions to the court under the varied moratorium is not within the court’s purview. Individual tenants’ circumstances pertain to their respective cases.
[45] ACTO’s advocacy for tenants and vulnerable constituents is commendable. The issues raised by them are ones they rightly address through governmental lobbying efforts.
[46] Consequently, I deny the motion for a stay. If the matter proceeds, one or more case conferences are necessary to establish a process determining required notices, involved parties, and the potential need for representation orders under Rule 10. Subsequently, a schedule for material exchange and cross-examinations should be set. Considering the multitude of parties involved in this hearing and ACTO’s assertion that everyone facing an eviction order in Ontario has a right to be heard, the likelihood of a hearing in a few weeks appears uncertain.
Hearings on Financial Enforcement
The Small Claims Court is currently scheduled to reopen for business in January. Hearings for financial enforcement, including garnishment and examination hearings, are part of the Small Claims Court’s functions. The Small Claims Court’s continuing closure of regular business causes a delay in the enforcement of the monetary parts of Landlord Tenant Board orders, even though those aspects must be enforced through the Small Claims Court.
Summary Comment
Despite indications and messaging signaling the Landlord Tenant Board’s return to regular operations, both landlords and tenants should anticipate a gradual resumption of activities where the Board will prioritize urgent cases related to health and safety. Additionally, considering the significant delays prevalent before the Covid Crisis, it’s probable that non-urgent matters might unfortunately continue to face extended delays.
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