Landlord and Tenant Board Hearings
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.
Due to the COVID-19 pandemic, the Landlord and Tenant Board offices are closed for in person hearings. As a result, hearings are being conducted in electronic and written formats.
Building on the changes caused by COVID-19, the Landlord and Tenant Board has developed a Digital-first approach that is meant, “to meet the diverse needs of Ontarians and enhance the quality of dispute resolution services.” They will also be working to safely accommodate limited in-person hearings, and will assess the requests for in-person hearings on a case-by-case basis.
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.
Mediation is now available in advance of a Landlord and Tenant Board hearing and can be requested by the parties through the new 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. It is best not to leave with a handwritten document, ask the mediator for a Consent Order.
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 Rights Code
The Ontario Human Rights Code prohibits discriminatory acts against peoples based on protected grounds and social areas. If a Human Rights Code issue is present, the Landlord and Tenant Board is obligated to address it.
Types of LTB Hearings
There are two types of hearings that can be scheduled at the Landlord and Tenant Board, telephone or video hearing, or a written hearing. Make sure to follow the instructions you are provided.
When a telephone or video hearing is scheduled, the parties will be provided with a conference telephone number or conference link. The call or connection must be made on the date and time provided in the Notice of Hearing documentation.
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 be in attendance to listen to the evidence and information presented by all parties before making a decision.
The second 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.
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.
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.