The Order and Beyond

• Author: John Dickie/David Lyman
• Pages: 177-192

177

13

The Order and Beyond

Learning Outcomes

After reading this chapter, you will be able to:

• Explain when and how orders are usually made

• Explain the awarding of costs

• Describe how to enforce an eviction order

• Describe how to enforce an order for the payment of

money

• Explain the process for a review of an order

• Describe appeals to the Divisional Court

The Order ............................. 178

Costs .................................. 178

Conditions in Orders .................... 183

Enforcing an Order for Eviction .......... 184

Relief from Forfeiture After an Order Is

Issued ............................. 185

The Tenant’s Ability to Pay and Stay ...... 185

Enforcing an Order for the Payment

of Money .......................... 186

Negotiations After an Order ............. 188

Review of an Order ..................... 189

Appeal of an Order ..................... 190

Key Terms ............................. 192

Review Questions ...................... 192

Discussion Issues ....................... 192

© [2022] Emond Montgomery Publications. All Rights Reserved.

178 WORKING WITH THE RESIDENTIAL TENANCIES ACT

The Order

Except in complicated cases, the Landlord and Tenant Board usually prepares and

issues orders within a few days after the hearing is completed. (Orders in complicated

cases that require lengthy reasons usually take longer.) The order is mailed to all parties

and their representatives. In urgent cases, the order may also be emailed. Prior to the

shutdown of the Board’s client service offices due to COVID-19, orders could, on

request, be left in the Board office for pickup. That may or may not resume.

In rent arrears cases, a calculation of the arrears is included in the orders, which

then show the amount of money owing if the tenant is to retain their tenancy, and the

amount owing if the tenant vacates. The two amounts usually differ because of

the last month’s rent that is applied to the arrears if the tenant vacates, but not if the

tenant remains. See Figure 13.1 for a sample order.

In cases about issues other than rent arrears, the Board usually issues an order with

reasons. If the Board does not issue reasons with the order, then within 30 days after

the order is issued, a party can request reasons, and the Board is required to issue

reasons. To be sure to get reasons, the landlord or tenant can ask at the end of the

hearing for reasons to be issued.

Under the Residential Tenancies Act, 2006,1 an order for termination cannot gener-

ally be effective earlier than the date of termination set out in the notice of termination

(s80(1)). However, if the order is made on an application based on a notice of termin-

ation alleging that the tenant impaired the safety of any person or that the tenant is

wilfully causing damage to the unit or the residential complex, the Board may theor-

etically terminate the tenancy earlier than the date of termination set out in the notice

of termination (s 80(2)).

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. A successful party may sometimes also receive an order for

the payment of the party’s out-of-pocket costs of the hearing, including witness-con-

duct money. Fees paid or payable to agents or lawyers are less often awarded.

Generally, agents’ or lawyers’ fees are awarded only against a party who is seen to

have been at fault in an initial hearing, or who has been unsuccessful in a hearing to

review an order. Agents’ or lawyers’ fees may be awarded against a party who has:

• brought a frivolous or vexatious application or motion;

• initiated an application or any procedure in bad faith;

• taken unnecessary steps in a proceeding, thereby making the proceeding longer

than it should have been;

• failed to take necessary steps, such as those required by the RTA or the rules;

1 SO 2006, c 17 [RTA].

© [2022] Emond Montgomery Publications. All Rights Reserved.