Parties, Agents and Representatives
Interpretation Guideline 20

Interpretation Guidelines are intended to assist the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. However, a Member is not required to follow a Guideline and may make a different decision depending on the facts of the case.


This Guideline discusses some of the terms commonly used by the Board. The Board strives to use consistent and common terminology throughout its Rules of Practice, Interpretation Guidelines, other publications/forms and written Hearing Orders.

Legal representative

If a Landlord (whether a natural person or corporation) or a Tenant is represented by a lawyer or paralegal licensed by the Law Society of Upper Canada, the Board generally refers to this lawyer or paralegal as the party's Legal Representative in its publications and orders.

Landlord

If the Landlord is a natural person, this person is generally referred to as the Landlord throughout all Board publications and orders.

A corporate Landlord is also generally referred as the Landlord in most Board publications. The corporate Landlord named in the application may not be the owner of the property on title. For example, the named corporate Landlord may be a property management company hired by the owner of the building to manage the property. Provided that the property management company meets the definition of "Landlord" contained in Residential Tenancies Act, 2006 (the "RTA"), they are also properly identified as the Landlord.

However, if the Landlord is a corporation, the natural person who appears at the hearing to represent the corporate Landlord is generally referred to as either the Landlord's Legal Representative (if a licensed lawyer or paralegal) as described above, or, as the Landlord's Agent, as described below.

Landlord's agent

If the Landlord is a natural person but is represented by a person at a hearing other than a licensed lawyer or paralegal (e.g. a family member or friend appearing without charge to the landlord), this person is generally referred to as the Landlord's Agent in Board publications and orders.

If the Landlord is a corporation and is represented by a person other than a licensed lawyer or paralegal (e.g., an employee, or shareholder/officer of the corporation), this person is also generally referred to as the Landlord's Agent in Board publications and orders.

Unless the Board is provided with evidence of any express limitation placed upon the Landlord Agent's authority, the Landlord's Agent is permitted to act in lieu of the Landlord for all purposes, including conducting examinations and making submissions, giving evidence and entering into consent orders and mediated agreements that are legally binding upon the Landlord.

The term Landlord's Agent only refers to persons who are acting for the Landlord with respect to a Board proceeding. There may be different persons acting as the Landlord's agents for non-hearing relate purposes. For example, a superintendent may be a Landlord's agent for the purpose of discharging the Landlord's maintenance and repair responsibilities. The term 'agent' is also used in paragraphs 29(1)2-6 of the RTA to refer to someone under the control or direction of the Landlord who has breached an obligation owed to the tenant. A Landlord's 'agent' for the purposes of paragraphs 29(1)2-6 may not be the same person who has been identified in an order as the Landlord's Agent for the purposes of representing a Landlord in a Board proceeding.

Tenant's agent

If the Tenant is represented by a person at a hearing other than a licensed lawyer or paralegal (e.g. a family member or friend appearing without charge to the tenant), this person is generally referred to as the Tenant's Agent in Board publications and orders.

Unless the Board is provided with evidence of any express limitation placed upon the Tenant's Agent's authority, the Tenant's Agent is permitted to act in lieu of the Tenant for all purposes, including conducting examinations and making submissions, giving evidence and entering into consent orders and mediated agreements that are legally binding upon the Tenant.

Sometimes a person may come to a hearing with a Tenant to provide the Tenant with some form of support. Such persons may include family members, friends or social workers. If the Tenant is also present at the hearing and has not specifically indicated they have designated this person to act on their behalf during the course of the hearing, then the support person is not referred to as the Tenant's Agent.



January 6, 2012
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