CHAPTER 13: THE ORDER AND BEYOND Emond Montgomery Publications 1

Chapter 13: The Order and Beyond The Order Costs Conditions Enforcing an Order for Eviction Enforcing an Order for the Payment of Money Review of an Order Appeal of an Order Emond Montgomery Publications 2

The Order Except in complicated cases, the Landlord and Tenant Board (the “board”) usually prepares and issues orders within a few days after the hearing is completed The order is mailed to all parties and their representatives In more complicated cases, the board will often issue reasons An order for termination cannot generally be effective earlier than the date of termination set out in the notice of termination (s. 80(1)) Emond Montgomery Publications 3

Costs The board may order a party to an application to pay costs to another party (s. 204(2)) The board generally orders the respondent to pay the application fee incurred by a successful applicant Fees of agents or lawyers are less often awarded The board may award a party costs for the time that the other party wasted at the hearing plus the preparation time to deal with an issue that was irrelevant The board can also order that its costs be paid: by a party; a paid agent; or counsel of a party (s. 204(3)) Emond Montgomery Publications 4

Conditions in Orders The board may include in an order any conditions it considers fair in the circumstances (s. 204(1)) The conditions must be related to the tenancy and the scope of the board’s jurisdiction Example: a condition that a tenant pay the rent in arrears according to schedule, failing which the tenancy is terminated Emond Montgomery Publications 5

Enforcing an Order for Eviction Once an eviction order is issues, it has the same effect as a writ of possession and may be enforced in the same manner (s. 85) As a writ of possession, the order is an order to the sheriff to give possession of certain premises to the landlord The sheriff charges a fee for evicting a tenant In most jurisdictions, the sheriff serves a written notice to vacate and gives the tenant seven more days to vacate An order evicting a tenant expires six months after the date on which the order takes effect unless it is filed with the sheriff before it expires (s. 81) Emond Montgomery Publications 6

Enforcing an Order for the Payment of Money Once the board makes an order for the payment of money, the next step is to obtain the money your client is owed by enforcing the order The board will have sent you two certified copies of the order Under s. 184(1) of the RTA and s. 19(1) of the Statutory Powers Procedure Act (SPPA), a party is entitled to file a certified copy of the order with the Superior Court of Justice and to have it enforced as if it were an order of the court Section 19(3) of the SPPA provides that on receiving a certified copy of the board’s order for the payment of money, the sheriff shall enforce the order as it was an execution issued by the Superior Court of Justice Emond Montgomery Publications 7

Review of an Order The board has the power to review a decision (s. 209 of the RTA, which incorporates by reference s. 212 of the SPPA) A party to an order, or any person directly affected by an order, may request that the order be reviewed The request must be made in writing within 30 days of the issuance of the order A request should include the: board’s order number; address of the rental unit or residential complex concerned; name, address, and telephone number of the person requesting the review; reason why the order should be reviewed; and amendment or replacement order requested Emond Montgomery Publications 8

Appeal of an Order Any person affected by an order of the board may appeal the order to the Divisional Court, but only on a question of law (s. 210(1)) The appeal does not require the permission of the board or the court; it is a matter of right The time limit for making this appeal is 30 days from the date the board’s order was issued (s. 210(1)) An appeal is governed by the Rules of Civil Procedure of the Superior Court of Justice Emond Montgomery Publications 9