This Practice Direction supports Rule 36 of the Landlord and Tenant Board Rules of Practice and provides guidance about what the LTB expects of parties and in turn what the parties can expect of the LTB. It assists in understanding the Rule.
The Landlord and Tenant Board ("LTB") Rules of Practice provide that the LTB may conduct a Case Management Hearing ("CMH"). The LTB will usually schedule a CMH for tenant applications to take place within three to four weeks of the application being filed.
The CMH has two purposes. First, it provides an opportunity for parties to explore settlement of the issues in dispute, usually with an LTB Hearing Officer, who is trained in dispute resolution. Second, if parties are unable to resolve all the issues in dispute, the LTB will make directions to facilitate a fair, just and expeditious merits hearing, or in appropriate circumstances, make orders finally determining matters agreed to by the parties or not in dispute.
Parties or their representatives must attend the CMH on the date set out in the Notice of CMH. If you choose to have your representative attend on your behalf, your representative must have authority to participate in all aspects of the CMH and be able to contact you during the CMH in order to obtain instructions with respect to any offers of settlement.
If the applicant fails to attend the CMH, unless there are exceptional circumstances, the application may be dismissed as abandoned.
If the respondent fails to attend the CMH, unless there are exceptional circumstances, the respondent may be deemed to have accepted all of the facts and allegations in the application, the hearing may proceed without further notice to the respondent, and the LTB may decide the application based on the materials before it.
Bring all arguably relevant information about the issues in dispute to the CMH. Your witnesses do not need to attend the CMH.
You must also come prepared to schedule a date for the hearing on the merits within three to four weeks of the CMH in the event the application is not resolved.
The LTB will provide Notice of the CMH at least 10 days before the day of the CMH.
A request to adjourn the CMH will only be granted in exceptional circumstances. (See the section on Adjournment Requests below.) If you wish to have legal representation at the CMH, contact your lawyer or a legal clinic as soon as you receive the Notice of CMH.
The LTB may schedule the CMH in person or as a telephone or video conference call. The form of hearing will be identified on the Notice of CMH. If the CMH is to be in person the Notice of CMH will set out the date, time and the address for the hearing. If the CMH is to be conducted by telephone, the Notice will include the time and the teleconference number. If you do not have access to a telephone you must immediately advise the LTB and alternate arrangements will be made.
Requests to reschedule the CMH will be refused unless there are exceptional circumstances.
A CMH may be conducted by a Member or Hearing Officer of the LTB, although it will usually be conducted by a Hearing Officer.
Parties are encouraged to come to the CMH prepared to consider settlement.
Where a settlement is reached, the LTB will issue an Order incorporating the terms of settlement and disposing of the application (Consent Order). Where parties reach an agreement on some, but not all issues, the Hearing Officer will issue an Order on agreements reached during the CMH.
All discussions about settlement are confidential. However, Orders issued will incorporate any terms of settlement, and agreed statements of facts by parties are admissible at Hearings.
Where the parties are unable to settle all issues, the LTB will proceed with case management. If a party has not already done so, this is an opportunity to identify Human Rights Code, French Language Service or American Sign Language/Quebec Sign Language needs. Moreover, parties will be asked to consider the following:
At this stage of the CMH, the LTB Member or Hearing Officer will issue any orders necessary for the fair, just and expeditious conduct or resolution of the issues in dispute. This includes issuing orders for disclosure of arguably relevant documents or materials, identifying the issues in dispute, requiring payment of money into the LTB and setting out procedural matters that the parties may agree on.
A request to adjourn the CMH will only be granted in exceptional circumstances.
Where a party asks the LTB to adjourn a CMH, the LTB will consider all relevant circumstances, including the nature of the issues raised in the application and any prejudice that may result from granting or denying the request. The LTB will also consider the need for a fair, just and expeditious hearing of the issues in dispute. Accordingly, rather than scheduling a new CMH, the LTB may direct the parties to attend a hearing on the merits of the case within three to four weeks in order to resolve all the issues in dispute.
If an adjournment request is granted, the LTB will make any order, or give any direction, it considers appropriate for the fair, just and expeditious hearing of the issues in dispute. This includes denying any further adjournment requests unless there are exceptional circumstances, requiring payment of money into the LTB, and ordering costs.