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General Principles

The Board has a general discretion to refuse or delay an eviction under subsection 83(1), after considering all relevant circumstances. This authority arises upon any application for an order to evict a tenant. This general discretion does not automatically arise where an application is resolved without a hearing (e.g., in the case of an ex-parte order issued pursuant to subsection 78(6) of the RTA) or where a hearing is held for another purpose (e.g., in the case of a hearing of a set aside motion under subsection 74(11) of the RTA). Where a hearing is held on an application to evict a tenant, including a hearing that the tenant does not attend, and a hearing of an application that would normally by resolved by an ex parte order but has been sent to hearing (subsection 77 (1) or 78 (1) applications), the Board must review and consider the circumstances of both parties to determine whether or not the eviction should be delayed or refused prior to granting an application. The Board must consider the circumstances whether or not the tenant requests relief from eviction, and may pose questions to the landlord and/or tenant to better understand the circumstances.

Further, subsections 83(3), 83(4) and 83(5) provides for mandatory relief from eviction in certain situations. If the Board finds that any of those provisions apply, the Board cannot grant the application to evict.

 

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