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Evictions Banned
Effective April 8 2021 Per Emergency Order
What Are the Actual Legal Terms of the 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.
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 per the directives within the recent government Order, the enforcement of residential evictions is currently banned with a few exceptions. Unlike the eviction moratorium in 2020, the current Order provides the Landlord Tenant Board with the authority to issue an Order for an expedited eviction which is currently enforceable.
NOTE: A considerable multitude of inquiries featuring “lawyers in my vicinity” or “top lawyer in” typically signal a demand for prompt, effective legal assistance rather than a particular designation. In Ontario, “licensed paralegals” operate under the same Law Society that governs lawyers and are permitted to advocate for clients in specific litigation situations. Skills in advocacy, legal interpretation, and procedural knowledge are fundamental to that position. Lynxs Paralegal provides legal representation within its authorized parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
