ENFORCING LANDLORD AND TENANT BOARD ORDERS IN THE SMALL CLAIMS COURT

You’re a landlord with a tenant who will not pay rent. You’ve followed all of the necessary procedures and now have a Judgment from the Landlord and Tenant Board (LTB) ordering the tenant to pay you the rent owed. Now what?

If your tenant still refuses to pay the rent owed to you despite the Judgment from the LTB, you will need to take steps to enforce your Judgment in the Small Claims Court (provided your judgment is for less than $35,000), since the Residential Tenancies Act does not have any mechanisms through which its judgements can be enforced.

In order to file your LTB Judgment with the Small Claims Court for enforcement, there are a few steps that you will need to take.

First, you will need to go to https://www.one-key.gov.on.ca/iaalogin/IAALogin.jsp and create a ONe-key account to access Justice Services Ontario’s (JSO) online portal. Once you have done that, you can follow the instructions on screen to access the JSO portal.

Once inside the JSO portal, select Small Claims Court Submission Online to create a Small Claims Court file. Once you have created your file, you will arrive at a page to upload documents. This page is where you will upload the LTB Judgment. As of June, 2023, the fee for filing a judgment is $45. From the drop-down menu, you will need to select “Order for Enforcement”.

After completing these steps, the Small Claims Court will create a file number for you, which you should receive via email. This file number can then be used for one of three enforcement options: issuing a garnishment, filing a writ of seizure and sale of land, or filing a writ of seizure and sale of personal property. The documents to be filled out and filed with the Court for each of these options can be found on the Ontario Court Forms website at: https://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/

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