Landlord and Tenant Board Hearings
Transcript
Introduction
Welcome to Landlord’s Self-Help Centre’s module about Landlord and Tenant Board Hearings. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Residential Tenancies Act, 2006
In Ontario, the Residential Tenancies Act is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate reasons for giving a notice of termination. It also establishes rules and framework for the adjudicators and LTB procedures.
Digital-first Approach
The Landlord and Tenant Board has developed a Digital-first approach. “Tribunals Ontario believes “that electronic and written hearings are necessary for providing fair and efficient access to justice and will continue to shift its focus from in-person hearings to electronic hearings.” Electronic hearings are held over ZOOM. The LTB has resources available on their website to access electronic hearings. More information on electronic hearing can be found on their website at https://tribunalsontario.ca/en/supports-and-services/video-proceedings/
Preparing for Your Hearing Day
When preparing for your hearing day, it is important that all of your documentation and evidence is in order. Contact a legal service provider if you require legal advice before your Landlord and Tenant Board hearing.
The Landlord and Tenant Board rules, practice directions and guidelines are helpful to review as they can assist you in understanding how the Adjudicators decide specific issues in an application. Past decisions from the Landlord and Tenant Board can be found on the Canlii website at https://www.canlii.org/en/
You may also find it helpful to email the Landlord and Tenant Board before your hearing date and ask for the Zoom link for the hearings that are scheduled, as hearings are open to the public, so you will be allowed to observe. You may email the LTB at ltb@ontario.ca and request a hearing link.
Mediation
The Landlord and Tenant Board offers mediation services, which can be requested by the parties through the Tribunals Ontario Portal. It is also available on the day of the hearing.
If the parties are unsuccessful with resolving their issues through mediation, the application(s) will proceed to a hearing and anything discussed during mediation cannot be mentioned.
If the parties are successful in reaching an agreement during mediation, a written agreement will be prepared for you to sign and the hearing will be cancelled. These agreements are generally written and provided at a later date, they are referred to as Consent Orders.
Case Management Hearings
Case Management Hearings can be conducted for any application. It is important that parties or their representatives attend on the scheduled date. If the landlord has a representative attend for them, make sure the representative has authority to make decisions and participate in all aspects of the case management hearing on the landlord’s behalf.
Ontario Human Right Code-Accessibility and Accommodations
Tribunals Ontario is committed to meeting its obligations under the Accessibility for Ontarians with Disabilities Act, 2005 and Ontario’s Human Rights Code. Parties requiring an accommodation under the Human Rights Code-related needs should contact the Landlord and Tenant Board.
All matters will proceed as written or electronic hearings unless:
- a party can establish that an in-person hearing is required as an accommodation for an Ontario Human Rights Code-related need, or
- a party can establish that the hearing format will result in an unfair hearing.
Note: If a party requires accommodation under the Ontario Human Rights Code they must file an Accommodation Request form with the LTB as soon as possible.
Types of LTB Hearings
There are 3 types of hearings that can be scheduled at the Landlord and Tenant Board, with a virtual hearing being the most common. Certain types of hearings are conducted in writing. Where a party has established that they require an accommodation under the Ontario Human Rights Code, the hearing may take place in person. Make sure to follow the instructions you are provided in the Notice of Hearing package.
Telephone/Virtual Hearings
Virtual hearings can be attended using Zoom or by telephone. The parties will be provided with a conference telephone number and a Zoom link. The call or connection must be made on the date and time provided in the Notice of Hearing documentation. For information and guidelines for video conference hearings on the Zoom platform can be found on the LTB website at https://tribunalsontario.ca/documents/ltb/Hearing%20Resources/Information%20about%20Zoom%20Video%20Hearings%20at%20the%20LTB.pdf
The Notice of Hearing documentation will be sent to the applicant and respondent with information and instructions. It is important to follow these instructions, if there is any confusion, contact the Landlord and Tenant Board as soon as possible. A Member or Adjudicator will also attend to listen to the evidence and information presented by all parties before making a decision.
Written Hearings
Another type of hearing is a written hearing. The Notice of Hearing Package sent to the parties will also include instructions. Contact the Landlord and Tenant Board immediately if you have questions about the documentation you have been provided.
Written hearings are commonly used for Above Guideline Increase (L5) and A4-Applications to Vary the Amount of Rent Reduction.
In-Person Hearings
Another type of hearing is an in-person hearing. Parties may request an in-person hearing only if a party can establish that an in-person hearing is required as an accommodation for an Ontario Human Rights Code-related need. You are required to file an Accommodation Request form with the LTB as soon as possible.
The Notice of Hearing Package sent to the parties will also include instructions. Contact the Landlord and Tenant Board immediately if you have questions about the documentation you have been provided.
Parties at the Hearing
Hearings can involve multiple parties aside from the applicant and respondent. They may also involve witnesses, representatives, support persons, litigation guardians, or interpreters. More information about these different parties can be found on the Landlord and Tenant Board website.
During the Hearing
Hearings at the Landlord and Tenant Board are scheduled in time blocks, so prepare to dedicate the entire day for your hearing. Make sure to follow the instructions provided to you by the Board. During the hearing, you and the other party will have a chance to question witnesses, introduce relevant documents as evidence and make arguments about the facts and the law. The Member or adjudicator controls the process and may also ask questions. Members of the LTB are impartial and cannot provide advice.
For more information visit, https://tribunalsontario.ca/ltb/application-and-hearing-process/#panel1.
Conclusion
Thank you for watching this module about Landlord and Tenant Board hearings. The information offered in this presentation is intended as general information, it is not legal advice. If you have a specific issue or situation, please contact a legal service provider.