Urgent Hearing Request and Procedure
Relief for urgent matters
Landlords that are navigating tenancy issues which pose serious health and safety issues or involve illegal activity in the rental unit can seek relief from the LTB based on urgent matters.
The process that is followed for an urgent matter requires that the landlord give proper notice to their tenants and file the appropriate forms with the LTB, the notices are either,
- N6: Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit; or
- N7: Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex.
The tenant MUST be causing a serious and ongoing health or safety issue, or the tenant has committed an illegal act in the rental unit or residential complex. The application filed with the Landlord and Tenant Board by the landlord must relate to “a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex.” The LTB application must be accompanied by the Request for Urgent Hearing form which allows the LTB to consider the urgency of the matter.
If the request is approved, a telephone or written hearing will be scheduled. For more information on the Request for Urgent Hearing, visit http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/Urgent%20Motion%20EN%20-%20instructions.pdf
To obtain the Request for Urgent Hearing form, visit http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/Urgent%20Motion%20EN.pdf
If the landlord is successful and the application is granted at the hearing, the LTB will issue an eviction order. The landlord will then have to request the permission of the Superior Court of Justice for the stay on evictions to be lifted to allow the order to be enforced. The landlord can do this by filing a,
- Notice of Motion for Directions (form 75.6 from the Rules of Civil Procedure Forms) along with
- Supporting Affidavit (form 4D) and
- copy of the LTB order
It is important to note that landlords may represent themselves in this matter at Superior Court. However, we strongly recommend that anyone planning to self-represent prepare themselves by gaining a thorough understanding of the process and have the confidence to speak on their own behalf at the hearing. If the assistance of a legal service provider is required, you will need to hire a lawyer as paralegals cannot represent at the Superior Court level.
In the Motion for Directions, you must state what you are asking the court to do and make sure to reference the pertaining rules under the Rules of Civil Procedure.
This motion is pursuant to rules 60.17, 60.03 and 60.10 of the Rules of Civil Procedure as it was directed by Justice Nightingale in the case of Neumann v. Anderson, 2020 ONSC 3518 (CanLII). For more information on the case Neumann v. Anderson, 2020 ONSC 3518 (CanLII), visit https://www.canlii.org/en/on/onsc/doc/2020/2020canlii36845/2020canlii36845.html?autocompleteStr=Neumann%20v.%20Anderson%2C%202020%20ONSC%203518%20(CanLII)&autocompletePos=1
Visit https://www.ontario.ca/laws/regulation/900194 to review the Rules of Civil Procedure. To obtain the Notice of Motion for Directions and the Affidavit forms, visit http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/
In the Affidavit, you must state the facts relating to your eviction order issued by the Landlord and Tenant Board, please see our Form 75.6 – Motion for Directions and Form 4D – Affidavit sample forms.
Once you have completed your forms, all your documentation, including your LTB order, has to be emailed to your local Superior Court of Justice. The forms must be in a Word document format, whereas the LTB order should be in PDF form, and the size of the combined files must not be larger than 10MB. To find your local Superior Court email address, visit https://www.ontariocourts.ca/scj/files/Courthouse-contact-information%2025-Mar-2020.pdf
Once the judge determines that this is an urgent matter, he or she will issue an endorsement by email setting out the directions to follow in order to file the LTB order with the sheriff. For more information about this process, visit the Superior Court of Justice website under the Regional Notices section https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/#REGIONAL_NOTICES