In Ontario, Can a Tenant Be Evicted During Wintertime?
The Law Permits or Allows Eviction of a Tenant In Winter. With That Said, The Better Question Is to Ask Whether the Landlord Tenant Board Will Actually Order an Eviction During Winter.
There is a common belief that the law forbids eviction of a residential tenant during the winter months. This belief is false. The law governing evictions, being the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 (the "RTA") is without any provisions that expressly forbid an eviction in the winter; however, the RTA does contain section 83 which provides an adjudicator of the Landlord Tenant Board with the discretionary power to delay an eviction. Accordingly, the adjudicator may choose to refrain from issuing an Order to Evict during the winter months or may choose to issue an Order to Evict with a delayed eviction date. It seems that whereas an adjudicator may refrain from issuing an Order to Evict because it is wintertime, the urban myth was born that a tenant cannot be evicted during the wintertime. Of course, this is a false truth, meaning a perception based on misunderstanding. The misunderstanding arises when people misinterpret the reason that an adjudicator may refrain from issuing an Order to Evict in the wintertime whereas such a decision is a choice based on a discretion. The adjudicator may choose such a discretion out of concern for the hardship that a wintertime eviction would cause rather than because of any mandate in law.
Theresa Forrest, Paralegal provides Landlord Tenant Board services for clients located in London, Waterloo, Woodstock, Grimsby, London, among other places.
NOTE: A considerable amount of online searches for “lawyers in my area” or “top lawyer in” frequently indicate a search for prompt and proficient legal assistance instead of a particular job title. In Ontario, licensed paralegals fall under the same regulatory body as lawyers and are permitted to represent clients in specific litigation cases. Core elements of their role include advocacy, legal assessment, and procedural expertise. Theresa Forrest, Paralegal provides legal representation within its licensed scope, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and favourable outcomes for clients.