If the City Demands you to demolish a Unit or issues an Order to Comply such as convert to a single-family dwelling, can you simply just evict the Tenants without the Residential Tenancies Act 2006 and going through the Landlord and Tenant Board?
While the City has Jurisdiction on their local bylaws, the Residential Tenancies Act is a more powerful Act. Section 2(4) of the Act states:
Conflict with other Acts
(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4).
This means that any Act that conflicts with the Residential Tenancies Act 2006, the Residential Tenancies Act still applies. Therefore, if the city says you must demolish a unit or otherwise, you cannot force the tenants out without going through the Landlord and Tenant Board. The Landlord and Tenant Board is the only authority in Ontario with the governance to Terminate a Tenancy other than the Superior Court of Justice.
Small Claims Court does not even have the power to Evict a Tenant only the Landlord and Tenant Board or the Superior Court of Justice has the authority to evict a Tenant, and even then, in many cases, the Superior Court would attorn you to the Jurisdiction of the Landlord and Tenant Board unless there was a reason why the Superior Court of Justice would be a better venue EI. Monetary Jurisdiction.
What does this mean for a landlord who is facing City action for an illegal unit etc.? Well, the Landlord still must apply through the Landlord and Tenant Board to evict the Tenant.
The Landlord and Tenant Board is an administrative body and judicial process that will make
an Order based on the evidence you supply the Board. If you are unable to present a good case or know what tests must be met at the Board, the Landlord and Tenant Board Adjudicators will have zero problem dismissing your application and forcing you to start all over.
Should you take a City Order seriously? Absolutely, the city has the power to issue fines that go to the Provincial Offences Courts of Ontario and one of the best defenses in Provincial Offences Court is a Due-Diligence Defense; however, one must be taking appropriate steps to comply with the City Order and must prove their Due-Diligences in the Courts.
When dealing with City Orders and Evicting a Tenant via means of a Demolition Order, City Order to Comply or otherwise it is always a good idea to hire a Professional Representative.
The Act can be unforgiving and to Evict a Tenant based on Demolition of the Unit or Conversion there are requirements that must be followed and in many cases 120 days’ notice, and compensation must be paid to the Tenants.
These types of applications often involve permits, proof of city action, be on proper N13 Forms, Compensation paid, and a well-presented case to the Adjudicator. Remember, you’re forcing someone out of their home, and the Board takes all of these applications very seriously as not to disproportionately make someone homeless when another remedy can be sought. Eviction in these cases can happen, but a Professional Landlord must follow all of the rules and ensure they have a competent case to present to the Board.
Jordan Nieuwhof Landlord Legal & Paralegal https://www.legalenforcement.ca/ Tel. 289-302-3210 Email: firstname.lastname@example.org