Before you file

Only a non-profit housing co-operative (co-op) can apply to the Landlord and Tenant Board (LTB) for an order to end a co-op member’s occupancy and evict them.

Co-op members cannot file applications with the LTB. Co-op members must bring their concerns to the co-op’s board of directors using the co-op’s internal dispute resolution process.

Before applying to the LTB to evict the co-op member, a co-op must first:

1. Terminate the co-op member’s membership and occupancy rights under the Co-operative Corporations Act, and
2. Give a notice under the Residential Tenancies Act (RTA) to the co-op member to end their occupancy.

You will need to include a signed declaration from a person with authority to bind the co-op certifying that the co-op member’s occupancy rights were terminated in accordance with the requirements of s. 171.8 of the Co-operative Corporations Act.

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Reasons a co-op can give notice to end a co-op member’s occupancy

After terminating the Co-op member’s membership and occupancy rights under the Co-operative Corporations Act, you can serve your co-op member with a notice under the RTA to end their occupancy. The notice you should use depends on the situation.

You can give a notice under the RTA to end a member’s occupancy for any of the following reasons:

• (N4C) Non-payment of regular monthly housing charges
• (N5C) Interference with others, damage or overcrowding
• (N6C) Illegal acts or misrepresentation of income
• (N7C) Causing serious problems in the member unit or residential complex
• (N8C) Persistent late payment or ceasing to qualify for occupancy of the member unit

Some of the notices give the co-op member an opportunity to continue the occupancy by stopping the behaviour referred to in the notice, or by doing what the notice requests. For example:

• If the co-op member receives an N4C notice because they owe regular monthly housing charges to the co-op, the co-op member can pay all the regular monthly housing charges owing to the co-op by the termination date in the notice
• If the co-op member receives an N5C notice for the first time because of a behaviour or damage caused to the unit, the co-op member has 7 days to correct the problem and avoid eviction

If the co-op member does what the notice asks by the deadline, the notice is void and you cannot file an application with the LTB based on that notice.

In cases where the notice does not provide the co-op member with an opportunity to void and continue occupancy, you can file an application with the LTB as soon as you have given notice to the co-op member.

Except for notices about unpaid regular monthly housing charges (N4C), you must file the application with the LTB no more than 30 days after the termination date listed on the notice.

For notices about regular monthly housing charges (N4C), the notice does not expire. You can file the application at any time, as long as the co-op member has not voided the notice by paying the money they owe.

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What to include with your application

A complete co-op application must have the following:

• The completed application form(s) and Form C
• The application fee (if applicable) (Application fee is required for: C1, C2, C1/C2 Combination applications and C3)
• A signed Declaration or Affidavit from a person with authority to bind the co-op, which certifies that the co-op member’s occupancy rights were terminated in accordance with the Co-operative Corporations Act
• Supporting documents, including the Notice by the co-op to end a co-op member’s Occupancy and a Certificate of Service – co-ops , if required
• Include any additional facts, other than those set out in the Notice of Termination, and include any documents, which the co-op intends to rely in proceedings before the LTB

Applications filed with the LTB must also include payment if there is an application fee.

The type of application you file with the LTB depends on the type of notice (if applicable) you served to the co-op member. Use Navigate Tribunals Ontario to learn more.

If your application is not complete or you do not include payment, the application will be sent back to you.

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How to File

After the LTB receives an application

If the application is available through the Tribunals Ontario Portal, the Landlord and Tenant Board (LTB) will send the parties on your application a Personal Identification Number (PIN) letter. A PIN is a unique identification number that allows parties access to a file on the portal. PINs are assigned and belong to individual users and are a form of authentication and to enable entry into the portal.

Parties who file an application directly through the Tribunals Ontario Portal do not need a PIN themselves, as the file will be automatically accessible under their account. A PIN is only necessary for parties other than the applicant, or any identified legal representatives associated with a file. Once an application is filed on the portal, the other parties are notified and provided a unique PIN, which they can use to access the application. This notification is given by email, where an email address was provided at the time of filing, or by mail if there is no email address for the other parties. For more information about PIN’s, see Tribunal Ontario Portal: Personal Identification Number (PIN) .

The LTB will send you a Notice of Hearing which will include the following:

• the type of application that has been filed
• PIN letter (if application type is available on Tribunals Ontario Portal)
• the purpose of the hearing
• the type of hearing that will be held (videoconference or phone)
• the date, time
• a Response to a co-op Application Form

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Important information before filing a response

Before starting the LTB process, the co-op must complete its internal dispute resolution process. The process includes a board of directors hearing and a notice of eviction decision. See your co-op’s by-laws for more information.

If you’ve received a Notice by the co-op to end your occupancy you can choose to:

• move out of the unit
• dispute the notice, if you disagree with it

If you want to dispute the notice, the co-op will have to apply to the LTB to evict you.

Once you have received the co-op’s application and Notice of Hearing from the LTB, you must complete a Response to a Co-op Application Form responding to all the allegations in the application and including any additional facts and issues that you intend to raise at the hearings.

If you believe it would be unfair for the LTB to grant the co-op’s application for eviction, you should explain why in your response. Review your Notice of Hearing package carefully as it will have a date when you must submit your response. You must send your response with the LTB and give a copy to the co-op before the date in your Notice of Hearing.

A Certificate of Service, signed by the person who delivered your response to the co-op, must be filed with the LTB no later than five days after the response was delivered.

For more information, read the Practice Direction on Applications Involving Non-Profit Housing Co-operatives . The practice direction describes the LTB’s process for hearing and deciding applications made by co-ops. It also provides guidance about what the LTB expects of parties at the hearings and what the parties can expect of the LTB.

Other LTB rules, practice directions and guidelines that apply to co-op applications can be found in Rules of Procedure .

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How to file a response

Tribunals Ontario Portal

You can file your Response and Certificate of service forms online on the Tribunals Ontario Portal. To access your file on the Tribunals Ontario Portal, you will need the PIN included in the Notice of Hearing. Once you create an account with a username and password, you will be able to link your file to your account with the file number and PIN.

Email

You can email your Response and Certificate of service forms to co-opprocessingLTB@ontario.ca. Be sure to include your name and file number on the form.

Mail

You can mail your Response and Certificate of service forms to:

15 Grosvenor Street, Ground Floor
Toronto, Ontario M7A 2G6

Filing in person at a ServiceOntario centre

Some ServiceOntario Centres accept all LTB applications and response in-person. Visit ServiceOntario Centres for a list of locations that accept applications and documents on behalf of the LTB.

Fax

If fax is the only method available for you to file a response, you can fax your Response and Certificate of Service forms to 1-833-610-2242 or (416) 326-6455.

Forms

Forms for co-ops

Find all co-op notices, applications, and other forms. For information about which form to use or which application to file, visit Navigate Tribunals Ontario.

Forms for co-op members

Find all co-op member forms. For information about which form to use or which application to file, visit Navigate Tribunals Ontario.

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Fees

Case management hearings

Before a hearing, the LTB will schedule a case management hearing (CMH) to explore settlement of the issues in dispute. If parties are unable to resolve all the issues in dispute, the LTB will set a merits hearing with an adjudicator.

In some cases, the LTB will make orders determining matters agreed to by the parties, or not in dispute.

What to expect at a case management hearing

A CMH may be conducted by an adjudicator or LTB hearing officer.

What to bring to the case management hearing

Parties are encouraged to bring all relevant information about the issues in dispute to the CMH. For example, in a dispute over the non-payment of regular monthly housing charges, proof of payment should be brought to the CMH. Witnesses do not need to attend the CMH.

Settlement discussions

Parties are encouraged to come to the CMH prepared to consider settlement. If a settlement is reached, the LTB will issue an order incorporating the terms of settlement and resolving of the application (consent order). If parties reach an agreement on some, but not all issues, the LTB will issue an order on agreements reached during the CMH.

All discussions about settlement are confidential. However, orders issued will incorporate any terms of settlement, and agreed statements of facts by parties are admissible at hearings.

Case management

If parties are unable to settle all issues, the LTB will proceed with case management. If a party has not already done so, this is an opportunity to identify Human Rights Code, French Language Service or American Sign Language / Quebec Sign Language needs. Parties will be asked to consider the following:

• facts and evidence that may be agreed upon;
• the dates by which any steps in the proceeding are to be taken or begun;
• the clarification and simplification of issues in dispute;
• disclosure and production of materials arguably relevant to the issues in dispute;
• the number and identity of witnesses each party intends to call, and discussion of whether all proposed witnesses are necessary; and
• the amount of time necessary to complete the hearing.

At this stage of the CMH, the LTB adjudicator will issue a relevant order of resolve the issues in dispute. This includes issuing orders for disclosure of arguably relevant documents or materials, identifying the issues in dispute, requiring payment of money into the LTB and setting out procedural matters that the parties may agree on.

Attendance required

If the co-op does not attend the CMH, the LTB will dismiss the application as abandoned unless there are exceptional circumstances.

If the co-op member does not attend the CMH, and does not file a Response to a Co-op Application Form , the co-op member may be deemed to have accepted all the facts and allegations in the application. A Hearing of the merits may proceed the same day, and the LTB may decide the application based only on the material before it.

If the co-op member does not attend the CMH, but a response to the application has been filed, the matter will proceed to a full hearing of the merits of the case on the date scheduled for the merits hearing, without further notice to the parties. The LTB may not allow the co-op member to present evidence without first being satisfied there is a reasonable explanation for the co-op member’s failure to appear at the CMH.

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Merits hearings

Where parties are unable to resolve all issues, the hearing on the merits of the application will proceed as scheduled. The LTB will not reschedule hearings except in exceptional circumstances.

Any document intended to be relied on at the merits hearing must be disclosed in advance of the merits hearing.

Hearings will be conducted by an LTB adjudicator, who will listen to both sides, evaluate the evidence and make a final decision about all issues remaining in dispute.

At the end of the hearing, the adjudicator will issue an order resolving of the application.

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Representation at hearings

Co-op members may be self-represented before the LTB and present their own case. co-op members may also choose to have another person represent them. Because a co-op is a corporation, it must have a representative appear on its behalf in the LTB proceeding.

The SJTO‘s Common Rule A9 applies to representation before the LTB. Review the Practice Direction on Representation before the Landlord and Tenant Board which explains who may appear as a representative before the LTB and responsibilities of representatives in LTB proceedings.

Support persons

A support person, such as a family member or friend, may attend a hearing or mediation with a party or witness to assist the person in participating in the proceeding, communicating with the LTB and making necessary decisions and may sit with the party during the hearing or mediation. Such a support person is not considered a representative, so long as they do not make submissions on the party’s behalf.

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Adjournment requests

Adjournment requests for CMHs will only be granted in exceptional circumstances.

In determining whether to grant or deny a request for an adjournment, the LTB will consider all the relevant circumstances, including the nature of the issues raised in the application and any prejudice that may result.

Rather than arranging a new date for a CMH, the LTB could direct the parties to attend a merits hearing on the scheduled date in order to resolve all the issues in dispute.

Whenever an adjournment request is granted, the LTB will make an interim order, or give any direction, it considers appropriate for the fair, just and expeditious hearing of the issues in dispute, including denying any further adjournment requests unless there are exceptional circumstances, requiring payment of money into the LTB, and ordering costs.

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Language services

French language services

Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized and of equivalent quality to services offered in English.

The LTB’s documents and forms are available in both French and English. If you submit an application in French, the LTB will proceed with a bilingual hearing and assign a bilingual adjudicator or a hearing officer to your hearing. If you are a responding party and would like to request a hearing or mediation in French, complete the Demande de services en français or the Request for French-Language Services Form . If you are submitting a request for French-language services, you need to submit the request in advance of your hearing date.

For more information about French language services, read Tribunals Ontario’s French Language Services Policy . If you have questions about this policy, contact us.

Sign language

The LTB will provide a sign language interpreter (American Sign Language, langue des signes québécoise) or real time captioning, for anyone participating in a proceeding who has a hearing impairment. To request a sign language interpreter, complete the Accommodation Request form . Make your request as soon as possible and well in advance of your hearing.

Other languages

The LTB does not usually provide interpreters for languages other than French or English. If you want an interpreter with you at the hearing, then you are expected to arrange for someone to interpret for you. This person could be:

• someone you know who speaks both your native language and English, who is willing to help you.
• an interpreter who you hire. (The Association of Translators and Interpreters of Ontario has an online database of court interpreters.)

Types of orders

Hearing orders

Eviction orders are issued by LTB adjudicators or hearing officers after a hearing is held. The order tells the co-op member and the co-op, in writing, what the Landlord and Tenant Board (LTB) has decided and what the co-op member or the co-op must do. Usually, the LTB will email or mail a copy of the order to everyone named in the application or their legal representative, if they have one. There are 2 types of eviction orders: voidable and non-voidable.

Consent order

A consent order is made when both parties have agreed to the terms and conditions set within the order.

The LTB can issue a consent order when:

1. a co-op member and a co-op have settled their dispute through an agreement and/or at the hearing and ask for the terms of the settlement to be put into a consent order. The terms of a consent order (e.g., a co-op member agrees to move out of the member unit on a specific date) can be enforced by the court.
2. a Co-op files an application to evict a co-op member for non-payment of regular monthly charges (Form C1) or for arrears of rent if:
   • the landlord and tenant work out a Payment Plan, and
   • a copy of the written Payment Plan is filed with the LTB before the hearing is held, instead of having a hearing

In the case of a consent order made prior to the hearing, the hearing may be cancelled if it resolves the application.

Ex parte orders

Some applications filed by co-ops can result in eviction orders being issued by an LTB adjudicator without a hearing. These are known as “ex parte orders.”

If an LTB order includes conditions and the co-op applies to the LTB to end the co-op member’s occupancy because they did not comply with the conditions, there will not be a hearing unless the LTB adjudicator requires more information. The co-op member will not be notified that the application has been filed by the co-op, but all parties will receive a copy of the eviction order from the LTB.

Another type of ex parte order is where a co-op says the co-op member agreed to terminate the occupancy but the co-op member did not vacate the unit like they agreed.

If the co-op files an ex parte application, the co-op member won’t be notified that the application has been filed with the LTB, but all parties will receive a copy of the eviction order from the LTB. The co-op can file the order with the Court Enforcement Office (also known as the sheriff) to enforce the eviction.

Interim order

An interim order is a temporary order that provides specific instructions to the parties to carry out prior to a Hearing and/or decides part of the application before a final order is issued.

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Voiding an order for eviction

Voidable eviction orders

If the LTB issues an order to evict the co-op member and pay the co-op the regular monthly housing charges they owe (C1), the Co-op member can void the order and continue the occupancy by paying all amounts owing by the deadline given in the order.

If the co-op member pays all the money they owe the co-op before the order is enforced, they can file a “Co-op member’s Motion to Void an Eviction Order for Arrears of Housing Charges” to request that the LTB void the order. The co-op member can pay directly to their co-op or to the LTB in trust. If the Co-op member pays the money to the co-op, they will be required to provide proof of the payments they made. The parties may be required to attend a hearing at the LTB to determine whether the Co-op member has voided the order by paying all the money they owe.

If the order is voided, the co-op member cannot be evicted, and the occupancy continues.

Non-voidable eviction orders

In most cases, eviction orders issued by the LTB for reasons other than non-payment of rent cannot be voided. However, these orders may contain conditions that the co-op member must comply with in order to avoid termination of their occupancy. If the co-op member complies with these conditions, they cannot be evicted. If the co-op member does not comply with these conditions, the Co-op can apply to the LTB, without further notice to the co-op member for an order terminating their occupancy.

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Setting aside an ex parte order

If the co-op member receives an Ex Parte order, the co-op member can ask the LTB to set order aside (or cancel) the order by filing a Motion to Set Aside an Ex Parte Order (S2) . If the motion is set aside, the order cannot be enforced. The order is put on hold until the LTB makes a decision about the motion.

The co-op member must file this motion with the LTB within 10 days from the date the order is issued. If the co-op member files after 10 days, they must also explain why they were late by filing a Request to Extend or Shorten Time . The LTB will schedule a hearing and an LTB adjudicator will decide whether the co-op member’s motion should be accepted.

After the co-op member files the motion, all parties will receive a “Notice of Hearing and Stay of Order.” The co-op member should give a copy of the “Notice of Hearing and Stay of Order” to the Court Enforcement Office, so they don’t enforce the eviction order. To find the Court Enforcement Office, visit the Ontario Court Addresses webpage and select “Enforcement” from the “Choose a court office” dropdown menu.

A hearing will be held and an adjudicator will make a decision. After the hearing, the adjudicator issues a decision either confirming the ex parte eviction order and lifting the stay or cancelling and replacing the ex parte eviction order. If the stay is lifted, the eviction can be enforced.

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Asking the LTB to review an order

You can ask the LTB to review any order (whether ex parte or an order resulting from a hearing) if you think that there is a serious error in the order, that a serious error occurred in the LTB‘s proceedings, or you were not reasonably able to participate in the hearing. The “Request to Review an Order” is not an opportunity to have your matter heard a second time if you don’t agree with the decision.

If you file a Request to Review an Order , you will also have an opportunity to ask the LTB to stay the order on the request form. When an order is stayed, it cannot be enforced. It is put on hold until the adjudicator makes a decision about your request to review.

Some review requests are dismissed by an adjudicator without a hearing being held. Other review requests are sent to a hearing and an adjudicator makes a decision about the request to review after hearing from you and the co-op.

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Appealing an order to Divisional Court

If you believe that your LTB order contains an error in law, you can appeal to the Divisional Court of the Superior Court of Justice. An error in law is when the LTB adjudicator incorrectly interprets or applies the Residential Tenancies Act, 2006 or another law that applies.

The deadline to appeal an LTB order to the Divisional Court is 30 days after the date the order was issued by the LTB. If the 30-day deadline has passed, you can bring a motion to the Divisional Court requesting an extension of time. You do not have to file a “Request to Review an Order” with the LTB before you appeal to Divisional Court.

If you appeal an order, you must send a copy of the appeal to the LTB.

The LTB does not provide information regarding the Divisional Court appeal process. If you are planning to file an appeal, read the Guide to Appeals in Divisional Court and contact the Divisional Court of the Superior Court of Justice or seek legal advice.

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Enforcement of an eviction order

Only the sheriff can enforce an LTB eviction order, the co-op cannot do it themselves. The sheriff can go to the property, make the co-op member leave and let the Co-op change the locks.

If the co-op member leaves property behind after the sheriff has evicted them, the co-op must give the co-op member 72 hours notice to return to get their property from the member unit or a storage area that is safe and close to the member unit, unless the co-op member and the co-op have agreed to other terms. If the co-op member and the co-op have not agreed to other terms, once the 72 hours have passed, the co-op can sell, keep or dispose of the co-op member’s property. If the co-op member was ordered to pay the co-op money and the co-op member failed to make a payment, the co-op may file with Small Claims Court for enforcement.