To evict a squatter (trespasser) from an Ontario estate home, an executor must bypass the backlogged Landlord and Tenant Board and file an Application at the Superior Court of Justice. Filing the application costs $243 CAD, and issuing a Writ of Possession involves a court fee of $77 CAD, plus local Sheriff enforcement costs.
When a homeowner passes away, their property often sits vacant while the estate goes through probate. Unfortunately, vacant homes in cities like Toronto, Hamilton, and London frequently attract unauthorized occupants, commonly known as squatters. Dealing with trespassers is one of the most stressful challenges an executor can face.
It is crucial to understand that self-help evictions-like changing the locks with people inside-can lead to criminal charges or civil lawsuits. You must follow proper legal channels. Generally, it is highly recommended to hire a local law firm from our directory to swiftly navigate the court system and protect the estate’s most valuable asset. 👮
Step-by-Step Process for Evicting Squatters in Ontario Estates
The legal strategy depends entirely on whether the occupants are true squatters (trespassers) or holdover tenants. If they never had a lease and just broke into the empty house, they are trespassers. The executor must follow a specific legal path through the civil courts. 📝
Step 1: Confirming the Occupants are Trespassers
First, verify that the individuals inside the home are not legitimate tenants. If the deceased person rented the basement to them before dying, they are covered by the Residential Tenancies Act, and you must go through the Landlord and Tenant Board (LTB). If they are strangers who broke a window to get in, or distant relatives who moved in without permission after the death, they are trespassers.
Step 2: Securing Probate (Certificate of Appointment)
To launch a civil lawsuit to remove squatters, you usually need legal standing. Applying for a Certificate of Appointment of Estate Trustee at the Superior Court of Justice confirms your authority to manage the real estate. However, in emergency situations where the property is being actively destroyed, a judge may allow an executor named in the Will to proceed with an emergency injunction before probate is finalized. ⚖️
Step 3: Filing an Application in the Superior Court of Justice
Since the LTB does not handle trespassers, your lawyer will draft a Notice of Application and a detailed Affidavit. This paperwork is filed at the local Superior Court of Justice. The Affidavit will outline the deceased’s ownership, the date the trespassers were discovered, and the fact that no tenancy agreement exists.
Step 4: Obtaining and Enforcing a Writ of Possession
Once the judge reviews the evidence, they will issue an Order and a Writ of Possession. This is a powerful court document commanding the squatters to leave. You cannot enforce this yourself. You must take the Writ of Possession to the local Court Enforcement Office (the Sheriff). The Sheriff, often accompanied by local police, will physically attend the property, remove the squatters, and allow you to change the locks. 🔒
How Much Does it Cost in Ontario?
Removing squatters through the civil court system involves several mandatory government and professional fees. The estate should expect to pay the following out of the estate funds:
- Court Filing Fees: Filing a Notice of Application at the Superior Court of Justice costs exactly $243 CAD, and issuing the Writ of Possession costs $77 CAD.
- Sheriff Enforcement Fees: Filing the Writ and hiring the Sheriff typically costs between $320 and $450 CAD, plus mileage depending on the location of the property.
- Lawyer Fees: Retaining a lawyer for an urgent civil eviction application usually requires a retainer of $5,000 to $10,000 CAD, as drafting the affidavits and attending a court hearing requires significant legal work.
- Locksmith and Security: Changing all locks and securing the premises post-eviction usually costs $300 to $600 CAD.
How Long Does the Process Take?
Speed is critical when dealing with squatters, as they can cause immense damage to the home. Unlike the Landlord and Tenant Board (LTB), which can take 8 to 12 months just to get a hearing, the Superior Court of Justice can move faster for clear trespass cases. Gathering evidence and filing the Application takes a few weeks. Securing a court date might take 1 to 2 months. Once the Writ of Possession is issued, scheduling the Sheriff can take another 2 to 4 weeks. In total, expect a timeframe of 2 to 4 months. ⏳
Trespassers (Squatters) vs. Holdover Tenants
| Factor | Squatters / Trespassers | Holdover Tenants |
|---|---|---|
| Legal Definition | No lease, no permission, no rent paid. | Had a valid lease with the deceased but refuse to leave. |
| Proper Jurisdiction | Superior Court of Justice. | Landlord and Tenant Board (LTB). |
| Eviction Document | Writ of Possession from a Judge. | Eviction Order from an LTB Adjudicator. |
Frequently Asked Questions (FAQ)
Can I just call the police to remove squatters?
Sometimes, if you catch them breaking in immediately, the police will arrest them for trespassing or break-and-enter. However, if they have been there for weeks and claim they have a right to be there, the police will usually call it a civil matter and tell you to get a court order.
What if a family member refuses to leave the estate home?
If a sibling or adult child lived with the deceased and refuses to leave so the house can be sold, they are typically considered a licensee or trespasser, not a tenant. The executor must apply to the Superior Court for an order to vacate.
Can the squatters claim squatter’s rights?
In Ontario, adverse possession (squatter’s rights) is virtually impossible to claim today because almost all land is registered under the Land Titles system, which explicitly forbids adverse possession.
Can I shut off the water and hydro to force them out?
This is highly risky. If a judge or the LTB later determines the occupants had any tenant rights, cutting off vital services is illegal and can result in massive fines against the estate. Always consult a lawyer before shutting off utilities.
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