nuisances

LTB develops Urgent Hearing Motion form

Wednesday, April 8, 2020

The Landlord Tenant Board (LTB) has developed an Urgent Hearing Motion form to address instances in which immediate action is required due to a “serious and ongoing health or safety issue” or an illegal act at a residential complex during the COVD-19 moratorium on evictions.

Landlords and legal representatives who’ve recently submitted an application to the LTB, served with a N6 or N7 notice, have likely received an email with a link to the new form, as was the case with Joe Hoffer of Cohen Highley LPP.

“The legal test and the facts to support an “Urgent Motion” are high, so care must be taken to assess whether or not to proceed,” he advises applicants. “If the LTB is overwhelmed with frivolous requests, the serious cases will be delayed in the backlog.”

The form provides details intended to help landlords determine whether their situation falls under the “urgent” category. Hoffer cites examples in which a tenant’s conduct poses a serious risk of harm to residents and staff—i.e. if someone were in breach of quarantine following a positive COVID-19 diagnosis—as cases warranting immediate action. “As with all proceedings of this sort, you must supply specific details much as you would in a properly prepared N5,” he says.

Any landlord believing their situation is urgent based on the guidelines provided by the TLB can submit the form, and a determination will be made by a Board member advising on next steps.  A link to the instructions for the Urgent Hearing Motion can be found here.

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