Decisions Made Ex Parte
An application (L3) filed by a landlord pursuant to subsection 77 (1) of the Act is generally resolved by an ex parte order issued pursuant to subsection 77 (4).
The tenant may file a motion pursuant to subsection 77(6) to set aside the ex parte order. The Board then holds a hearing to consider the tenant's motion. As a hearing concerning such a motion does not arise upon an application for an order to evict a tenant, subsection 83(1) does not apply. Instead, the Board exercises similar discretionary relief under subsection 77(8), which provides:
If the respondent makes a motion under subsection (6), the Board shall, after a hearing,
- make an order setting aside the order under subsection (4), if
- the landlord and tenant did not enter into an agreement to terminate the tenancy, and
- the tenant did not give the landlord notice of termination of the tenancy;
- make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or
- make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order.
When having regard to all the circumstances, pursuant to clause 77 (8) (b) the Board should consider circumstances that occurred with regard to the signing of the agreement to terminate the tenancy and thereafter or circumstances that occurred after the giving of the notice of termination by the tenant to the landlord.