Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
You can file for an appeal with the divisional court. You would need to hire a lawyer or a legal representative. We usually do not recommend this option since it can be very costly and may cost more than the damages the applicant is seeking.
In our experience, it is not generally possible to pre-book the enforcement of an order at the Enforcement Office (Sheriff). We suggest calling your local Enforcement Office and asking them about this directly. You can find the relevant information for your local Enforcement Office at the following link:
https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/index.php
When landlords and tenants go through the mediation process, a written mediated agreement is usually produced. It is best to look through this written mediated agreement to find the provision regarding termination, as it will contain next steps in terms of what to do if the tenant does not comply.
To present any new evidence, you would have to go through the review process at the Board. The process is described in the following Interpretation Guideline: https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/08%20-%20Review%20of%20an%20Order.html
The form you require is the Request to Review an Order. The form and instructions are available here: https://tribunalsontario.ca/ltb/forms/#landlord-forms
The new evidence issue is mentioned in the interpretation guideline, and is described as a serious error, as follows: “New evidence which was unavailable at the time of the hearing and which is potentially determinative of one or more central issues in dispute…”
We cannot provide any information on the appeal process as that is outside our level of expertise. When it comes to appeals, you have to seek advice from a lawyer.
Generally, if an order is made for the tenant to pay outstanding rent, it is to be paid directly to the landlord. In some cases, tenants may be directed to pay rent into the Board, but that usually happens if a case is adjourned and the Board will hold the funds until a decision is made.
Rule 22 of the Landlord and Tenant Board Rules of Practice (https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html#r22) specify: At the end of a hearing, the Member will adjourn the hearing pending the issuance of an order. In view of subsection 17(1) of the SPPA, the written order is the official decision of the Board. The written order (and reasons, if issued) have legal status and are enforceable. 22.1 The Board shall send a copy of any order and/or reasons to each party to the application: (a) by ordinary mail to the last known address of each party; (b) by ordinary mail to the representative of the party; or (c) by any other method directed or permitted by the Member. Depending on how complicated the case is, Orders can take 30 to 60 days to be issued from the hearing date.
Once the Board issues an Order for arrears based on an L9 application, that Order can only be enforced in Small Claims Court. The Board does not deal with the collection process. If you know where the tenant is employed or where they bank, you can go to Small Claims Court and file for a Garnishment of wages or bank account. This can be done even if the tenant is still in possession of the unit.