There are two parts to the Rules of Practice of the Landlord and Tenant Board ("LTB"). Part I is the Social Justice Tribunals Ontario (SJTO) Common Rules, which also apply in other tribunals within SJTO. Part II is the Landlord and Tenant Board Specific Rules which apply only within the LTB. Both parts should be read together.
The LTB's Rules of Practice set out the procedural rules that must be followed under the Residential Tenancies Act, 2006 (the 'RTA').
|How to Use These Rules|
|A5||Accommodation of Human Rights Code - Related Needs|
|A7||Courtesy and Respect|
|A8||Abuse of Process|
|R2||Initiative of the LTB|
|R3||Communications with the LTB|
|R4||Computation of Time|
|R5||Serving a Document on Another Party|
|R6||Filing Documents with the LTB|
|R7||French Language Services|
|R8||Application Screening Rules|
|R9||Refusing to Accept or Proceed with an Application|
|R10||Service of Application and Notice of Hearing|
|R11||Certificates of Service|
|R12||Rescheduling a Hearing|
|R13||Mediation by the LTB|
|R14||Settlements Reached Without LTB Mediation|
|R15||Extending and Shortening Time|
|R17||Withdrawing an Application|
|R18||Severing an Application|
|R23||Requiring a Witness to Attend a Hearing|
|R24||Restricting Public Access to the Hearing|
|R25||Record of Proceedings|
|R26||Orders and Reasons|
|R27||Ordering Costs to a Party or LTB Costs|
|R28||Amending an Order|
|R29||Review of Orders|
|R30||Order Void or Stayed|
|R31||Paying Money Into and Out of the LTB|
|R32||Legal Representatives Acting as Advocates & Witnesses in the Same Proceeding|
|R33||The L1/L9 "Information Update as of the Hearing Day"|
|R34||Non Profit Housing Co-operatives|
|R36||Case Management Hearings|
|Appendix A: ServiceOntario Centres|
|Appendix B: Witness Fees|
Social Justice Tribunals Ontario (SJTO) is a cluster of seven adjudicative tribunals with a mandate to resolve applications and appeals under eight statutes relating to child and family services oversight, youth justice, human rights, residential tenancies, disability support and other social assistance, and special education.
The SJTO is committed to providing quality dispute resolution across the cluster including ensuring that its procedures are transparent and understandable. Identifying common procedures and values across the SJTO and, where appropriate, harmonizing those procedures improves access to justice and fosters consistency in the application of fundamental principles of fairness.
These Common Rules are grounded in the core adjudicative values and principles of the SJTO which govern the work of the cluster. The Common Rules provide a consistent overarching framework of common procedures that will continue to evolve.
The Common Rules apply to the proceedings of the SJTO. The Common Rules form part of the rules of each SJTO tribunal.
"rules and procedures" includes rules, practice directions, policies, guidelines and
"tribunal" means any SJTO tribunal or board.
|A3.1||The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to:
|A3.2||Rules and procedures are not to be interpreted in a technical manner.|
|A3.3||Rules and procedures will be interpreted and applied in a manner consistent with the Human Rights Code.|
|A4.1||The tribunal may exercise any of its powers at the request of a party, or on its own initiative, except where otherwise provided.|
|A4.2||The tribunal may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.|
|A5.1||A party, representative, witness or support person is entitled to accommodation of Human Rights Code - Related Needs by the tribunal and should notify the tribunal as soon as possible if accommodation is required.|
|A6.1||Individuals may provide written materials to the tribunal in either English or French.|
|A6.2||Individuals may participate in tribunal proceedings in English, French, American Sign Language (ASL) or Quebec Sign Language (QSL).|
|A6.3||A person appearing before the tribunal may use an interpreter. Interpretation services will be provided, upon request, in accordance with tribunal policy.|
|A7.1||All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceeding.|
|A8.1||The tribunal may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes.|
|A8.2||Where the tribunal finds that a person has persistently instituted vexatious proceedings or conducted a proceeding in a vexatious manner, the tribunal may find that person to be a vexatious litigant and dismiss the proceeding as an abuse of process for that reason. It may also require a person found to be a vexatious litigant to obtain permission from the tribunal to commence further proceedings or take further steps in a proceeding.|
|A9.1||Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws.|
|A9.2||Individuals representing a party before a tribunal have duties to both the tribunal and the party they are representing. Representatives must provide contact information to the tribunal and be available to be contacted promptly. Representatives are responsible for conveying tribunal communications and directions to their client. Representatives should be familiar with tribunal rules and procedures, communicate the tribunal's expectations to their client, and provide timely responses to the other parties and the tribunal.|
|A9.3||Where a representative begins or ceases to act for a client, the representative must immediately advise the tribunal and the other parties in writing, and provide up-to-date contact information for the party and any new representative. Where a representative ceases to act for a client the tribunal may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings.|
|A9.4||The tribunal may disqualify a representative from appearing before it where the representative's continued appearance would lead to an abuse of process.|
|A10.1||This Rule applies where a person seeks to be a litigation guardian for a party. It does not apply where no litigation guardian is required as a result of the nature of the proceeding.|
|A10.2||Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative.|
Litigation Guardian Declarations
|A10.3||A litigation guardian for a minor under the age of 18 is required to file a signed
declaration in the form designated by the tribunal, confirming:
|A10.4||A litigation guardian for a person who lacks mental capacity to participate in the
tribunal proceeding must file a signed declaration in the form designated by the
Naming and Removing a Litigation Guardian
|A10.5||Upon the filing of a complete declaration as required by this Rule and unless refused or removed by the Tribunal, the person may act as litigation guardian for the party.|
|A10.6||The Tribunal will review the declaration and may direct submissions by the parties on whether the litigation guardian should be refused pursuant to Rule A10.7.|
|A10.7||Upon review of the declaration, or at any later time in the proceeding, the Tribunal
may refuse or remove a litigation guardian on its own initiative or at the request of
any person because:
Responsibilities of Litigation Guardians
|A10.8||A litigation guardian shall diligently attend to the interests of the person
represented and shall take all steps necessary for the protection of those interests
|A10.9||No one may be compensated for serving as a litigation guardian unless provided for by law or a pre-existing agreement.|
|A10.10||When a minor who was represented by a litigation guardian turns 18, the role of the litigation guardian will automatically end.|
In applications under Part V.1 of the RTA (Non-Profit Housing Co-operatives):
|1.1||Removed and replaced. Please see SJTO Common Rules.|
|1.2||Where a provision of the RTA or the SPPA, or of a regulation under either of
them, applies directly to a particular issue, that provision will determine the issue,
regardless of any Rule to the contrary.
If there is any situation in which one of these Rules would produce one result, but a specific provision of the RTA, the regulations or the SPPA would produce a different result, the legislation or regulations would apply. In other words, the RTA, the SPPA and the regulations prevail over these Rules.
|1.3||Where something is not provided for in these Rules, the practice may be decided
by referring to a similar provision in these Rules.
These Rules cannot deal with every situation. This Rule contemplates that an LTB Member would seek guidance from other Rules on analogous subjects in deciding how to proceed.
|1.4||Removed and replaced. Please see SJTO Common Rules.|
|1.5||Where the LTB waives a Rule, it shall give reasons for doing so in the order or decision. Please also see SJTO Common Rules.|
|1.6||After the application is filed, a party may waive service by the LTB or by another
party of a Notice of Hearing or any other document.
Under subsection 4(1) of the SPPA, a party may waive any procedural requirement of the "governing legislation". This Rule deals with only some of the procedural requirements to which subsection 4(1) would apply. It deals with a situation such as scheduling the hearing of a set aside motion, which will be heard very quickly if the landlord agrees to waive service of the Notice of Hearing. There are other rules in the RTA and in the Rules which require the LTB to give a document to a party after the application has begun. Parties are allowed to waive service of these documents because they wish to expedite the proceedings or because they have been advised of them at the hearing or by telephone.
|2.1||Removed and replaced. Please see the SJTO Common Rules.|
|2.2||The LTB may decide the procedure to be followed for an application and may
make specific procedural directions or orders at any time and may impose such
conditions as are appropriate and fair.
LTB Members should make procedural directions or orders to assist the parties and bring the proceedings to a fair and expeditious conclusion. The LTB Member may decide that a procedural ruling should be made only with specific conditions, so long as those conditions are fair to all parties. For example, an adjournment may be granted, but the LTB Member may require that the respondent pay a sum of money into the LTB, or order that one party pay another party's costs, or direct that there may not be an adjournment of the next hearing date, except in the most extraordinary circumstances.
|3.1||A party shall not attempt to speak directly to an LTB Member outside the hearing.
The principle is that no party should give any evidence or submissions to a decisionmaker, except in the presence of the other parties at a hearing to avoid the perception of bias.
Ordinarily, any communication with the LTB in the absence of the other parties will have to be through an employee of the LTB. However, an LTB Member has the discretion to permit a party to speak to the LTB Member in the hearing room in the absence of the other parties in limited circumstances relating to procedural matters only. For example, if a party attends the hearing on the day scheduled for the hearing after the matter has been disposed of in the party's absence, an LTB Member may still allow the party to explain in the hearing room why they were unable to attend on time.
|3.2||The LTB may direct a party or representative communicating with the LTB to
provide a copy or notice of the communication to each other party.
In some cases, a communication with the LTB should be disclosed to the other party. For example, if a party tells LTB staff that an adjournment will be requested in advance of the hearing, they may be ordered to tell the other party. [The party should use one of the methods of service permitted by section 191 of the RTA or Rule 5.1, unless the LTB specifies another method.]
Section 193 of the RTA provides that: "Time shall be computed in accordance with the Rules." It is important that parties understand the way in which the LTB will count days in order to know the deadlines for giving documents to other parties such as applications and motions, and filing other documents with the LTB, etc. These Rules are also important for landlords to understand since they apply to deadlines not related to an application, such as the time for giving a notice of termination or a notice of rent increase.
|4.1||Subject to Rule 1.2, the time between two events is computed by excluding the
day on which the first event occurs and including the day on which the second
For example, if a landlord is counting 14 days that are required between the date a notice of termination will be given to a tenant, and the date of termination to be set out in the notice, they would not count the date the notice will be given (the "first event") but will include the proposed date of termination (the "second event"). All weekend days and other holidays are counted. Thus, a notice given on the 10th of the month could be effective as early as the 24th.
"Business Days" and "Non-Business Days"
|4.2||The following days are referred to as "non-business days" in these Rules:
A "business day" is a day that the LTB is open to the public for the filing of documents and conducting its business. This definition of "non-business days" is provided to assist the understanding of the following Rules.
|4.3||If the time limit for filing a notice or document falls on a non-business day, the
notice or document may be filed on the next business day.
For example, the deadline for filing a motion to set aside an ex parte order is ten days after the date the order is issued. Where the 10-day deadline falls on a Saturday or Sunday, the motion may be filed on the following Monday.
A notice or document may be given to another person on a non-business day and, in the case of a notice, it may become effective on a non-business day.
A party is permitted to give a document to another party on a non-business day. For example, a notice may be served on a Saturday, and days are counted from the Sunday. If the days counted to compute the effective date of a notice were to end on a Sunday, it would be effective on that day, even though it is a non-business day. This is somewhat different than the rules of court, but they recognize that some documents given under the RTA do not relate to proceedings, but to such situations as giving a notice of termination or a notice of rent increase.
|4.5||Despite Rule 1.5, Rules 4.1 to 4.4 may not be waived or varied.
Rule 1.5 allows the LTB to waive or vary any of these Rules in the circumstances of the application. However, the Rules concerning computation of time cannot be waived by the LTB in any circumstances.
Section 191 of the RTA provides that a party may give another person a document by various means listed in subsection (1), including handing it to the person, mailing it to them, leaving it in a mail box or a place where mail is ordinarily delivered. It refers to giving a document to a "person" rather than a "party" because it includes all documents mentioned in the RTA, such as notices of termination and rent increase, which are not related to applications when they are given. Clause 191(1)(g) deems "any other means allowed in the Rules" to be sufficient service of the document.
These Rules also set out when a document is considered to have been given to another person, depending upon the method of service used. For service by mail, subsection 191(3) of the RTA provides that service is effective five days after mailing.
Other Permitted Methods of Service
|5.1||A person may give a notice or document to another person by any of the
Where a notice or document is given by a method other than the methods of service permitted by subsection 191(1) of the RTA or this rule, that notice or document will be deemed to have been validly given if it is proven that the information in the notice or document came to the attention of the person for whom it was intended.
LTB Permitting Other Methods of Service
|5.2||The LTB may give written directions to a party, either on its own initiative or at
that party's request, regarding one or both of the following:
If a party is unsure about how the requirements of the RTA should be interpreted in a particular case, they may ask in writing for the LTB to issue written directions. The party may also want directions because they have had difficulty in serving documents on another party according to the methods permitted by the RTA and these Rules. Such a party may ask in writing that the LTB issue written directions to serve the documents by another method, as permitted by Rule 5.1. Finally, the LTB may, on its own initiative, direct service on additional parties who should have been served or direct the method of service if there has been some problem to date.
Using Courier Delivery
|5.3||If a notice or document is delivered to another person by courier, it is deemed to
be given on the day following the day it was given to the courier but, if that is a
non-business day, it is deemed to be given on the next business day.
This Rule recognizes that couriers usually deliver documents the next day. If the party who mailed the document can prove that the other party received it earlier than the deemed date, see Rule 5.6. For example, if a party paid for "same day" courier service, and the delivery occurred on the same day the document was given to the courier, it would be found to be given that day.
|5.4||A notice or document given by Xpresspost is deemed to be given by mail.
Although Xpresspost is marketed as a courier-like service, a notice or document given by this method is deemed to be given by mail. Subsection 191(3) of the RTA specifies that a notice or document that is given by mail is deemed to have been given on the fifth day after mailing.
|5.5||If a notice or document is given to another person by fax, it will be found to be
given on the date imprinted on the fax.
If a fax is received by 11:59 P.M. on Monday, it will be found to have been given on Monday. After midnight, it will be found to be given on Tuesday.
|5.6||If the person who gave a notice or document to another person can prove that the
person received it on an earlier date than the date deemed by the RTA or these
Rules, the LTB will find that it was given on the earlier date.
This Rule would apply if, at a hearing, the date of service is an issue. If the other party admits receiving the document earlier than five days after mailing, this would be accepted. If the party who gave the document can show in some other way that the other party received it earlier, the earlier date may be accepted.
Subsection 192(1) of the RTA states that: "A notice or document is sufficiently given to the LTB,
|6.1||A document may be delivered in person to any LTB office or to a ServiceOntario
Centre that accepts service on behalf of the LTB.
For example, an application may be filed in person with the Toronto South Regional Office, even if the address to which it relates falls within the area that is the responsibility of the Toronto North Regional Office. The offices at which filing is permitted include all LTB offices.
A document delivered to a ServiceOntario Centre that accepts service on behalf of the LTB is considered filed under section 185 (under the authority of clause 192(1)(c) of the RTA). A ServiceOntario Centre is an office of the Ontario government which provides a wide range of general information about many ministries in one location.
To determine if a ServiceOntario Centre accepts service on behalf of the LTB, call 416- 326-1234 or toll free at 1-800-267-8097. This information is also available online at www.ontario.ca.
|6.2||A document that is filed by mail, courier or fax shall be sent to the Regional Office
responsible for the area in which the residential complex referred to in the
document is located.
A party should send a document to the LTB office that is processing or will process the application. Sending the document to any other office is sufficient according to Rule 6.3, but the best practice is to send it to the correct office, avoiding possible delays or filing errors. This Rule recognizes courier and fax as acceptable methods of filing under clause 192(1)(c) of the RTA.
|6.3||A document is sufficiently given if sent by mail, courier or fax to any other office
of the LTB, but not to a ServiceOntario Centre.
While the best practice, as contemplated by Rule 6.2, is to file documents with the office responsible for their processing, the LTB will forward the documents to the responsible Regional Office as quickly as possible if they are sent to another office. Documents should not, however, be sent by mail, courier or fax to a ServiceOntario Centre.
When a Document is Considered Received
|6.4||If a party files a document by mail addressed to an LTB office, it is deemed to be
filed on the fifth day following the day it was mailed or, if that is a non-business
day, the next business day.
Subsection 192(2) of the RTA provides that a notice or document given by mail to the LTB shall be deemed to have been given on the fifth day after mailing or, if earlier, the date it is actually received. The LTB may not waive a provision in the RTA. For example, if a document was mailed to the LTB on the 7th of the month, but was not delivered until the 20th, it is considered received on the 12th.
This Rule clarifies that the five days is computed taking into account whether or not the fifth day is a business day. A business day is a day that is not a weekend day or statutory holiday (see Rule 4.2). In the example, if the 12th was a Saturday, the document would be considered filed on the 14th (Monday). However, if the document was actually received earlier, it would be found to be received on the earlier date (see subsection 192(2) of the RTA).
|6.5||If a document is filed by fax into an LTB office, it will be considered received on
the date imprinted by the fax machine.
For example, if a document was received by fax at 11:59 P.M. on March 3rd, it will be considered to be received on March 3rd. However, it is the responsibility of the person filing the document to ensure that the fax transmission was in fact received by the LTB. No faxes should be sent to ServiceOntario Centres.
|7.1||Removed and replaced. Please see SJTO Common Rules.|
|7.2||Removed and replaced. Please see SJTO Common Rules.|
|7.3||Where a party is entitled to French language services, they must inform the LTB
in writing as soon as possible before the hearing that they require French
language services at the hearing.
It is important for parties who intend to request French language services at an LTB hearing to do so as quickly as possible, so that the necessary arrangements can be made for an interpreter.
|7.4||Where a party makes a request at a hearing for French language services, the
LTB Member at the hearing will decide how to proceed.
Where a party fails to request French language services until the day of the hearing, it will be up to the LTB to decide whether or not to adjourn the hearing to a later date so that arrangements can be made for an interpreter.
|7.5||Removed and replaced. Please see SJTO Common Rules.|
|7.6||Where a party is entitled to and requests French language services at a LTB proceeding, the LTB will schedule a proceeding in French within a reasonable time.|
|7.7||Removed. Please see SJTO's French Language Services Policy.|
|7.8||The LTB will provide all of its correspondence and decisions in French to a party
who is entitled to and has requested French language services.
Where a party has requested French language services, the LTB will ensure that the party receives all correspondence initiated by the LTB with respect to the application in French, including a French translation of the LTB's decision.
|7.9||The LTB will not translate documents that are filed by parties or their representatives from French to English, nor from English to French.|
|7.10||Where a document is filed in either English or French, the LTB may order the
person to also provide it in the other language, translated by a qualified translator
at the person's expense, if the LTB considers it necessary for the fair
determination of the matter.
Where the LTB determines that it is necessary for a party to provide a translation of a document they have filed, the LTB should consider that the services of a certified translator can be quite costly. Where a party uses the services of an uncertified translator, however, the LTB may need to determine whether the translation is adequate.
Staff of the LTB will check applications when they are filed and inform the applicant if the application is incomplete, or if they note any errors that may potentially invalidate the application; the applicant will decide how they want to proceed.
Although staff will review applications, it is always the applicant's responsibility to ensure that their application is complete, accurate and in compliance with the RTA. Ultimately it will be up to the LTB Member hearing the application to decide whether or not the application is valid.
Applications that will be Refused
|8.1||Where the RTA requires an application, other than an application made under
section 126, to be accompanied by prescribed information, staff will not accept
the application if the prescribed information is not filed at the same time.
Subsection 185(1) of the RTA requires that an application be accompanied by the prescribed information. If the prescribed information is not filed along with the application, the application is not properly filed and it will be returned.
The only exception is for applications for an above guideline rent increase, made under section 126 of the RTA. Staff will not check these applications for the required information before the application is filed. The process staff will follow is set out in Rules 8.5.1 and 8.5.2 below.
|8.2||Staff will not accept a landlord's application for compensation for arrears,
damages and/or misrepresentation of income where the landlord has indicated
that the tenant is not in possession of the rental unit.
An application for the payment of arrears (s.87), compensation for damages (s.89) and compensation for misrepresentation of income (s.90) can only be made to the LTB if the tenant is still in possession of the rental unit at the time the application is filed.
|8.3||Staff will not accept an application to terminate the tenancy and evict the tenant
for non-payment of rent if the application is being filed on or before the
termination date in the landlord's notice of termination.
The RTA states that an application to terminate a tenancy and evict a tenant cannot be made until the day following the termination date specified in the notice. If the application is filed on or before the termination date, it will be returned to the landlord and the landlord informed of the earliest date that they can file the application.
|8.4||Staff will not accept an application to terminate the tenancy and evict the tenant
based on a notice of termination under section 62, 64 or 67 of the RTA if the
application is made before the seven-day remedy period specified in the notice
Where a notice of termination gives the tenant a seven-day period to remedy the notice, the application to terminate the tenancy and evict the tenant cannot be made before the 8th day. An application that is filed before the seven-day remedy period expires will be returned.
|8.5||Staff will not accept an application to terminate the tenancy and evict the tenant if it is filed later than 30 days after the termination date specified in the notice, unless it is an application based on the tenant's failure to pay rent.|
Applications for an Above Guideline Rent increase (s.126 of the RTA)
|8.5.1||Staff will check an application made under section 126 to ensure that the landlord
has included the following:
Although staff will check the application to ensure that the necessary forms have been filled out and that supporting documents have been filed, they will not check to confirm that there are supporting documents for each cost claimed, nor will they confirm any of the amounts claimed by the landlord against the supporting documents. Further, staff will not check for calculation errors.
|8.5.2||If the information listed in Rule 8.5.1 is missing from an application made under
section 126 of the RTA, staff will send the applicant a letter that:
Applications with Potential Errors
|8.6||Unless the application is made under section 126 of the RTA, staff will inform the
applicant of any information that is missing or that may be inaccurate and give
them an opportunity to correct or complete the information before the application
is considered "filed."
These errors include errors or incomplete information in the name and address of the parties and rental unit; not clearly indicating which grounds are being applied for; clerical errors in calculating the amounts claimed in the application and the application not being signed.
This rule does not apply to applications for an above guideline rent increase. The process LTB staff will follow for this type of application is set out in Rules 8.5.1 and 8.5.2 above.
If a landlord filed an application by fax, mail or courier and an error is noted that could invalidate the Notice of Termination, staff will call the landlord to inform them of this error and ask them how they wish to proceed. If staff are unable to reach the landlord, they will leave a message explaining the error and asking that the landlord contact the LTB by the end of the following business day. Staff will also inform the landlord that if they do not do so, the application will be returned.
|8.8||If the notice of termination specifies a termination date that is not at least the
number of days required by the RTA for that type of notice, this error is
considered to potentially invalidate the notice.
For example, if a termination notice is given for non-payment of rent, the termination date for a daily or weekly tenancy must be at least 7 days and 14 days for monthly or yearly tenancies. These types of timeframes cannot be extended by the LTB and thus, if the landlord has specified a termination date that is less than the number of days required, the notice would be invalid.
|8.9||In addition to rule 8.8, other errors that potentially invalidate a notice of
termination for non-payment of rent given under section 59 of the RTA may
|8.10||Errors that could potentially invalidate a notice of termination for reasons other
than non-payment of rent under the RTA may include:
|8.11||Notwithstanding Rules 8.6 to 8.10, it will always be the applicant's decision whether or not to make any changes to the application or file it as is.|
|8.12||Notwithstanding Rules 8.1 to 8.10, the applicant is ultimately responsible for ensuring that the application is complete, accurate and in compliance with the RTA.|
Where the LTB learns of an applicant's failure to pay any fine, fee or costs payable to the LTB on or before the date that person submits a new application, section 196 of the RTA states that staff may refuse to accept the application "in such circumstances as may be specified in the Rules". This Rule defines the circumstances where such refusal is appropriate.
Where the LTB learns of an applicant's failure to pay any fee, fine or costs before a hearing has been held, the RTA states that the proceeding shall be stayed until the fee, fine or costs have been paid. Where the LTB learns of the applicant's failure to pay after a hearing has been held, the order shall not be issued until the fee, fine or costs have been paid.
In addition to these provisions, the RTA allows the LTB to discontinue an application "in such circumstances as may be specified in the Rules". These Rules establish those circumstances.
|9.1||If an applicant has failed to pay to the LTB any fine, fee or costs, staff shall refuse
to accept any new application from that person until the fine, fee or costs have
been paid unless the issues raised in the new application are of an urgent nature.
Although the RTA enables LTB staff to refuse to accept a new application from an applicant who has failed to pay a fee, fine or costs to the LTB, if the new application appears urgent staff will accept it. An application might be viewed as urgent if, for example, it deals with conduct which seriously impairs the safety of the landlord or other tenants or if it has been filed in an attempt to regain entry into a rental unit where the locks have been changed illegally.
|9.2||With respect to Rule 9.1, applications for the following orders are not urgent:
|9.3||Where an employee of the LTB has accepted an application pursuant to Rule 9.1,
the LTB may determine that the issues raised in the application are not
sufficiently urgent to have justified accepting it, and:
Although staff may accept a new application from an applicant who owes money to the LTB in accordance with Rule 9.1, an LTB Member may find that the issues are not urgent. The LTB Member may make this finding with or without inviting submissions from the parties. Where the LTB Member finds that the application should not have been accepted, they will stay the proceeding and give the applicant a deadline by which to pay the outstanding monies. Where the applicant fails to pay by the deadline, the LTB may discontinue the application.
|9.4||Where the LTB learns that the applicant has failed to pay a fine, fee or costs
before a hearing is commenced, the LTB shall inform the parties by notice that:
This Rule limits the amount of time the LTB will hold on to a pending application once it is learned that the applicant owes money to the LTB as a result of their failure to pay a fine, fee or costs. The impact of the applicant's failure to pay, on both the LTB and the respondent, is such that reasonable measures must be taken promptly to ensure that the outstanding debt is satisfied before the application can proceed.
|9.5||Where a hearing is commenced and the LTB learns, before the hearing is
completed or before an order is issued, that the applicant has failed to pay a fine,
fee or costs, the LTB:
Because an adjournment may result in a hearing being held over a number of days, it is possible that the LTB will learn that an applicant owes money to the LTB after the hearing has begun but before it is completed. In such cases, the LTB will stay the proceeding and give the applicant a deadline to pay the outstanding fee, fine or costs and may discontinue the application where the full amount is not paid by the specified deadline.
|9.6||Where an applicant has failed to pay an outstanding fine, fee or costs by the
deadline specified by the LTB, the LTB may discontinue the application without
refunding the filing fee unless discontinuing the application would be
inappropriate in the particular circumstances.
The deadline specified by the LTB provides the applicant with a reasonable amount of time to pay the outstanding fine, fee or costs to the LTB. Although the LTB may discontinue the application where full payment is not received by the deadline, the LTB may decide that this would be inappropriate in light of the circumstances of the applicant(s) or respondent(s).
|10.1||The LTB will serve the Notice of Hearing together with an application, motion, or request, and any relevant information sheets attached to the Notice of Hearing, on all parties within the times in the Rules.|
|10.2||The LTB may order the party filing the application, motion or request to serve a copy of
the document together with the Notice of Hearing and any attached information sheets,
on all other parties, specifically each respondent and all other applicants, in the
Time for LTB Ordered ServiceApplications
|10.3||Unless the LTB directs otherwise, where a party is ordered to serve an application and
Notice of Hearing, service must be done as soon as possible, as required below:
|10.4||Unless the LTB directs otherwise, service of a motion and Notice of Hearing must be
done as soon as possible and at least 10 days before the hearing date on the Notice of
|10.5||Unless the LTB orders otherwise, service of a request and Notice of Hearing must done
as soon as possible and at least 10 days before the hearing date on the Notice of
Certificate of Service
|10.6||Where a party is ordered to serve a document and Notice of Hearing, a completed Certificate of Service must be filed with the LTB in accordance with the Rules unless the LTB amends the time for filing.|
Failure to Serve
|10.7||Where a party fails to the serve a document and the Notice of Hearing as ordered and
on time the LTB may:
Where the LTB orders an applicant to serve the application or notice of hearing in accordance with Rule 10.2 the applicant must file a Certificate of Service as directed by Rule 11.
|11.1||The applicant must file a Certificate of Service with the LTB, signed by the
individual who gave the application and Notice of Hearing to another party.
The Certificate of Service is a document in which an individual declares that they have given a copy of the application and Notice of Hearing to a respondent, or a document to another person (e.g., notice of termination). Thus, the certificate may only be completed by the individual who served the documents (e.g., applicant, property manager, superintendent, process server, friend, etc.). The applicant may not sign the certificate if they were not the individual who gave the documents. The individual must state when and how the documents were served. In some cases, more than one Certificate of Service will be filed for the same application, because there may have been more than one respondent. However, the individual may certify to serving more than one individual on the same date in the same certificate if they were served in the same manner.
The best practice is to serve the application and Notice of Hearing as quickly as possible, and file the certificate right after. If the respondent does not appear at the hearing, it will be important for the applicant to prove that the application and Notice of Hearing were served; otherwise, the LTB may not make an order.
|11.2||The applicant shall file any necessary Certificate of Service within five days after
the application and Notice of Hearing are served.
Prompt filing of the Certificate of Service is important to ensure that the file is complete for the hearing day. Thus, failure to file a certificate may result in an order for costs against the applicant or their representative, even if the applicant is successful in the application.
|11.3||If the applicant does not file the Certificate of Service before the hearing, the
applicant may prove service of the application and Notice of Hearing by:
The applicant is expected in all cases to file the Certificate of Service as soon as they have given the application and Notice of Hearing, well in advance of the hearing. However, where this is not possible, the applicant may prove the service of the documents in two ways. A certificate may be filed at the start of the hearing. The applicant may also bring the individual who served the documents to the hearing, and call them as a witness if service is questioned.
Of course, the party who was allegedly served may challenge the facts in a Certificate of Service and give evidence that they were not served, or were served on a different date or in a different way. The LTB may also have questions about the statements made in the certificate or given by a witness at the hearing.
|11.4||The LTB may direct any party to an application to file a Certificate of Service with
respect to any document which was given in relation to the proceedings.
Not only the application and Notice of Hearing must be served on another party. For most types of eviction application, the landlord must have earlier served a notice of termination. Also, these Rules require notice to be given to another party in various circumstances. In any of these situations, the LTB may require a Certificate of Service to be filed before taking any action that would result from the service of that document.
|12.1||Where, prior to a hearing, that has not previously been adjourned, all parties to an
application agree to having the hearing of the application rescheduled, the LTB
may cancel and reschedule the hearing.
This Rule deals with rescheduling before a matter has been adjourned. Before a party makes a rescheduling request to the LTB for a hearing not previously adjourned by an LTB Member, they must contact the other parties and obtain their consent. The rescheduling request must include confirmation that the consent of the other parties has been obtained. Where the other parties do not agree to the rescheduling, the issue may be raised at the originally scheduled hearing. [See Interpretation Guideline 1, "Adjourning and Rescheduling Hearings" for the LTB's policy on adjournments and additional information about making a request.]
The LTB usually cancels and reschedules a hearing where the parties agree, but the LTB reserves the right to refuse to do so where the hearing has previously been rescheduled on the consent of the parties.
In any case where the LTB reschedules a hearing, the LTB may determine the length of time to be allotted to the rescheduled hearing.
|12.1.1||Other than in exceptional circumstances, the LTB will not grant a request to
reschedule a hearing that has previously been adjourned unless the request to
reschedule has been filed at least two full business days before the scheduled
Exceptional circumstances are circumstances relating to matters of an unexpected or urgent nature that may suddenly arise, for example, an unforeseen medical emergency or illness that will not allow the parties sufficient time to file a request to reschedule at least two full business days before the scheduled hearing.
|12.1.2||Subject to Rule 12.1.1, where a hearing has previously been adjourned and a
request to reschedule the hearing is filed, an LTB Member will decide whether to:
In exercising their discretion to grant or deny the rescheduling request on the basis of the written agreement between the parties, an LTB Member may consider, among other factors:
The LTB may refuse a request even where all the parties agree to the rescheduling. This might be the case where, for example, the request appears to be an attempt to delay the process.
If the request for rescheduling is denied, the LTB expects the parties to be prepared to proceed with the hearing.
If the applicant does not attend the hearing, the application may be dismissed. If the respondent does not attend the hearing the LTB may proceed in the respondent's absence.
|12.1.3||In any case where the parties or their representatives request that the LTB reschedule a hearing, they must provide the LTB with a list of the dates for the three months following the date of the scheduled hearing on which each party or their representatives are not available to proceed if the hearing is rescheduled.|
|12.1.4||In any case where a rescheduling of the hearing is requested, the parties or their representatives must contact the LTB to determine if the rescheduling request has been granted, and, if granted, the date for the rescheduled hearing.|
|12.2||A party who requests the rescheduling of a hearing must obtain the consent of all
other parties, whether or not the notice of hearing and application have been
served on the respondent(s).
Although the requestor must obtain the consent of all parties before making the rescheduling request, it is not a requirement that the application and notice of hearing be served before the rescheduling request is made. Where the applicant realizes, before they serve these documents, that they need to reschedule the hearing, the applicant will have to explain to the respondent that they have filed an application against them.
|12.3||The LTB may reschedule a hearing on its own initiative and the original hearing
shall be cancelled.
It may be necessary from time to time for the LTB to reschedule a hearing on its own initiative. In such cases, the parties and their representatives will be notified.
The RTA gives special recognition to mediation of applications which is conducted by Mediators employed by the LTB. Section 194 of the RTA permits the LTB to attempt to mediate a settlement of any matter that is the subject of an application or agreed upon by the parties, if the parties consent to the mediation (except mandatory mediation under section 148 of the RTA for care home "transfers"). If mediation is conducted by an LTB Mediator, the agreement may include provisions that contravene the RTA. There is, however, a limitation on agreements reached through LTB mediation, since negotiated rent increases cannot exceed 3% above the annual guideline.
Subparagraph 78(1)2.i of the RTA provides that the conditions imposed on the tenant in the order or mediated settlement described in paragraph 78(1)2 include only those conditions which, if not met by the tenant, would give rise to the same reasons for terminating the tenancy under the RTA as were claimed in the previous application. Thus, a term of settlement which is a condition for future termination without notice to the tenant must meet two tests; it must be the same reason that was raised in the eviction application that was settled and the reason must be one recognized by the RTA. For this reason, mediated settlements of eviction applications based only on rental arrears will not allow for a section 78 application based on late payment of future rents, once the arrears and costs have been paid.
The RTA provides that these Rules will set out the way in which the LTB will dispose of an application if an LTB mediated agreement resolves some or all of the issues raised by an application. If there is no mediated settlement, the LTB is required to hold a hearing.
Mediators will not mediate agreements intended to modify an order of the LTB, such as an agreement with terms that impose conditions on the enforceability of the order. An LTB order is a final disposition of an application and as such, these types of agreements, commonly referred to as "side agreements" will not be mediated.
Pursuant to subsection 194(1) of the RTA, the LTB may only mediate landlord and tenant disputes when an application has been made to the LTB. The LTB may decide not to mediate an application where there is little chance of success, where it will cause undue delay, or where there are minimal potential benefits.
When the parties to an application agree, an LTB mediation may deal with and resolve issues which are not included in that application to satisfy the interests of the parties and to make more effective and long lasting agreements.
The Conduct of LTB Mediations
|13.1||A Mediator shall assist the parties in identifying their interests and in devising
ways of satisfying those interests which may be agreeable to all parties.
Mediators are expected to elicit from each party their positions and interests relating to the issues. Mediators will assist the parties in focussing on their interests so as to find potential solutions to satisfy those interests.
|13.2||If a Mediator ends a mediation before an agreement is reached between the
parties, the application shall proceed to a hearing.
A Mediator may terminate a mediation for a number of reasons. It may become obvious that the mediation will be unsuccessful in settling the issues raised by the parties, or will take an unreasonable amount of time before a settlement becomes possible. One of the parties may become disorderly and refuse to follow the Mediator's requests to act in an orderly manner. A party may be attempting to delay the resolution of the application. A party may be badgering the other party or using inappropriate methods to obtain concessions, or misrepresent the facts, the law or the rules or practices of the LTB. In any of these cases, the Mediator may bring the mediation to an end and send the parties to a hearing. Any settlement that the parties reach without the Mediator will be subject to Rules 14.1 to 14.3.
|13.3||A Mediator shall explain to any party involved in a mediation the effect of any
provision of the proposed agreement which may be inconsistent with the RTA or
regulations before the party signs the agreement.
There may be disputes between parties to an application in which a resolution may involve an inconsistency with the rights and obligations set out in the RTA. It may be in the interests of both parties to make such an agreement. However, LTB mediators will not allow a party to give up their rights under the RTA without that party being aware of what they are giving up. The degree of explanation necessary will depend on factors such as whether the party is represented at the mediation session and the nature of the contravention. The explanation may be given in the presence of all parties or in individual "caucuses" with parties.
|13.4||A Mediator may describe to the parties to the mediation, the provisions of the
RTA, regulations, Rules, Guidelines, relevant case law or practices of the LTB.
As many parties are not represented by a lawyer or agent, they will often be unfamiliar with the procedures for a mediation or a hearing. It is proper for a Mediator to answer questions about those procedures or inform the parties about the provisions of the RTA, the regulations, a Guideline or a past decision of the Courts, former Tribunal, or the LTB which appears to be relevant.
|13.5||A Mediator shall not offer a personal opinion or give advice to either party to the
mediation regarding the merits of the application.
The role of a Mediator is to remain neutral, while assisting the parties to come to a settlement. They are an impartial facilitator of the discussions between the parties. They do not decide the case, nor express their personal opinion about the fairest outcome, if the case were adjudicated. In this role, it is not proper to give an opinion regarding the merits of the application or any other issue raised by the parties.
Representative's Authority at a Mediation
|13.6||A representative who wishes to participate in a mediation without the party they
represent shall do one of the following:
It is crucial to any settlement discussions in a mediation that all participants have authority to make an agreement. It is not satisfactory if a deal is reached, but a representative must have it ratified later by the party they represent. This leads to situations in which a representative can seek a settlement, and then use the client's approval as a means of trying to obtain better terms. However, if the circumstances are acceptable to the other party and the Mediator, the mediation may be conducted with the participation of the representative, even without written agency authorization. The representative must give assurances that the party has authorized them to enter into a settlement on the party's behalf. The representative must also be prepared to either sign the resulting mediated settlement as the party's authorized agent, or give consent to the terms of the settlement before the LTB in the event of a joint submission for an Order of the LTB on consent. If the representative is a lawyer or licensed paralegal, it is assumed that they would not misrepresent their instructions from the client, since they are subject to discipline by the Law Society.
|13.7||A Mediator may prepare a written agreement based on the parties' settlement.
This Rule recognizes that Mediators may involve themselves to the extent of assisting the parties to draft their agreement since the LTB believes this helps to ensure that the parties understand their respective rights and responsibilities and promotes the clear and objective wording of agreements between parties, especially where one or both are not represented.
The Mediator will tell the parties that a written mediated agreement will not result in an order of the LTB. The written agreement may be structured to provide virtually everything which could be contained in an order, including the possibility of re-opening the application according to these Rules if any party does not carry out their obligations under the agreement within one year. The written agreement may also allow for a new application for eviction being filed by the landlord without notice to the tenant pursuant to section 78 of the RTA if the tenant does not carry out specified obligations under the agreement.
|13.8||If a party has paid money into the LTB, the Mediator shall direct payment out of
the funds in accordance with the agreement of the parties.
Under the terms of the RTA, the LTB may establish procedures in its rules for the payment of money into and out of the LTB. This Rule deals with any situation in which a party has either voluntarily paid money into the LTB or was directed to pay money into the LTB. It is important that the funds held by the LTB are dealt with, and the mediated agreement must address this. If there is a full settlement, the parties must agree how much will be paid to each party. The Mediator will then use their signing authority in respect of the LTB account to ensure that this agreement is carried out properly. If there is only a partial settlement, this issue may be one of those which proceeds to the hearing before an LTB Member.
Disposing of an Application
|13.9||If a written mediated settlement resolves the issues raised by an application the
Mediator shall dispose of the application.
When all of the issues with respect to an application are successfully mediated and a mediated agreement is signed by each of the parties, the Mediator will dispose of the application by updating the LTB's electronic records to reflect that the application was resolved by means of mediation. If mediation results in a joint submission for an order of the LTB on consent, the resulting order will dispose of the application.
Section 148 of the RTA (care home transfers), provides that mediation is mandatory and that the LTB may dismiss the landlord's application where the landlord fails to participate in the mediation. As a result, the Mediator must advise the LTB Member hearing the application that mediation has been attempted, and when applicable, where the landlord has failed to participate in the mediation. The Mediator may advise the LTB Member orally or in writing.
Partial Settlement Reached Through LTB Mediation
|13.10||If mediation results in the resolution of some but not all of the issues raised in the
application, the Mediator may present a joint submission to the LTB respecting
the resolved issues, leaving the unresolved issues to be decided at the hearing in
accordance with the RTA.
The parties may be able to resolve only one or some of the issues raised in the application. The Mediator will explain to the parties that the hearing of the unresolved issues in the application will proceed and an order will be issued, but the LTB will not usually question the parties' agreement regarding the issues which have been settled through an LTB mediation. So that the LTB Member is clear about which issues are left to be resolved by the hearing, the Mediator may present, either orally or in writing in the form of a Joint Submission, those issues which were settled. A copy of the mediated agreement for these issues shall not be presented.
|13.11||If the issues in the application are not resolved through mediation but the parties
have agreed on some of the facts, a Mediator may assist the parties in preparing
an "Agreed Statement of Facts" which shall be presented to the LTB Member at
There may be situations where the parties cannot resolve the application through mediation but they do agree to some of the facts. In such cases, and if the parties agree, the Mediator can draft an "Agreed Statement of Facts" for the parties to sign. It facilitates the hearing if the LTB Member can be told which facts are not in dispute.
|13.12||A mediated settlement of procedural matters only may result in an interim
agreement being signed by the parties and this agreement will be kept as part of
the LTB's record. Such interim agreements will not be subject to the
confidentiality provisions of Rule 13.20.
If the mediation takes place before the date of the hearing, the parties may agree to sign an interim agreement on procedural matters. Such interim agreements may include terms such as rescheduling the hearing to a different date, disclosure of issues, and payment in/out. Interim agreements must contain a provision where each party agrees to have a copy of the interim agreement placed on the LTB's record for consideration by an LTB Member when the application is decided at a hearing.
|Re-opening the Application|
|13.13||Either party to an agreement resulting from mediation by the LTB may request in
writing that the application be re-opened due to the failure of the other party to
meet any of the terms of the written mediated agreement.
If a party does not comply with any term of a written mediated agreement, the other party may ask to re-open the original application. A party may ask for an application to be re-opened if either monetary or non-monetary items were not complied with.
However, since the LTB Member hearing the re-opening can only consider issues properly raised in the application, it may not be useful to ask to re-open if the part of the agreement which was breached relates to something outside the application (e.g., brought up at the mediation). Also, as the LTB Member is limited to ordering remedies permitted by the RTA, re-opening for a breach of a provision of the agreement that could not be ordered may not have the desired effect.
This right to request re-opening of the application exists whether or not the agreement provides for the re-opening of the application. A hearing will be scheduled, but the LTB may attempt to mediate a request to re-open if the parties consent.
|13.14||Either party to an agreement resulting from mediation by the LTB may request in
writing that the application be re-opened on the basis that, during the mediation,
the other party coerced them or deliberately made false or misleading
representations which had a material effect on the agreement.
If a party claims that the mediation which resolved the application was affected by another party's coercion or misrepresentation of material facts, the application may be re-opened to review that issue. The first issue at the hearing will be whether there was any coercion, misrepresentation or the furnishing of misleading information. The seriousness of these allegations makes it unlikely that mediation of the request to reopen will be attempted as it would not likely be successful.
|13.15||A request to re-open an application must state the alleged breach of the
agreement and must be filed, with a copy of the agreement, within one year of the
date the agreement was signed. However, with the consent of each party at the
time of the signing of the agreement, the parties may agree to a longer re-opening
It is essential for the party requesting the re-opening of the application to file the agreement and set out in the request what part of the agreement was not met by the other party, and how it was not met. The request must be filed within one year of the date the agreement was signed. In some limited cases, for example, where there is an extended repayment period, the parties may agree at the time of the signing of the mediated agreement to a longer re-opening period. If the request is filed late, it must be accompanied by a request to extend the time for filing, explaining why it was late.
The procedural rules in the RTA and these Rules regarding applications apply with respect to a re-opened application. In deciding the re-opened application, the LTB will usually take into consideration the terms of the agreement which were already met by each party, in deciding what remedies are then appropriate.
|13.16||The person requesting that the application be re-opened shall give a copy of their
request and the notice of hearing to all other parties to the application at least
five days before the hearing.
Since the application is being re-opened, a hearing will be scheduled when the request is filed. A notice of hearing will be given to the party making the request. As with any application, it is their responsibility to advise the other party by giving them a copy of the notice of hearing. They must also give the other party a copy of their request (and, if applicable, a copy of the request for an extension of time). These documents must be served using one of the permitted methods of service (see Rules 5.1 to 5.2) at least five days before the scheduled hearing date.
|Confidentiality of the Mediation Process|
|13.17||Anything said in an LTB mediation and any offer to settle the application will be
confidential and, where no agreement is reached, may not be used by one party
against another in the same or any other proceedings.
It is essential to the mediation process that all parties trust that what they say in the mediation in order to try to settle the case is confidential and will not be used against them later in the hearing or in other LTB or Court proceedings. A party should feel free to make any statement of fact or suggest that a fact in dispute may be true in the mediation without fear that it will be used as an admission (that is, the other party must still prove the fact if there is a hearing). Similarly, parties must be able to make and discuss offers to settle, without concern that the other party will raise those offers at the hearing.
By the same principle, parties should be able to make written proposals to settle, or draft proposed agreements. If the mediation does not result in a complete settlement, the document should not be used by one party against another later (whether or not the document was expressly "without prejudice").
|13.18||LTB Mediators shall not reveal information obtained in mediation to any other
persons, including LTB Members.
LTB Mediators must respect the confidentiality of the mediation process.
|13.19||Notwithstanding Rule 13.18, LTB Mediators may discuss the issues raised and offers of settlement in collegial discussions for professional development purposes without revealing the names of the parties or other specifics about a case that may reveal the names of the parties.|
|13.20||Except where the parties agree otherwise, copies of any LTB mediated
agreements are confidential and:
The Mediator will normally assist the parties in setting out in writing the terms of their agreement. However, the signed copies of the agreement belong to each party, and any copies in the possession of the Mediator will be destroyed. Signed copies which are given to the Mediator for any reason will be returned to the party for whom they were intended. It is the intention of the LTB to preserve the interest of the parties in maintaining confidentiality regarding the terms of their agreements.
|13.21||Unless the Mediator is required by law to disclose information provided during a
mediation, any information provided to the Mediator
The information may have been provided verbally or in the form of documents. A document provided to a Mediator will be returned to the party who submitted it after the mediation is terminated, and no copy will be retained in the application file (unless the party requested it to be filed). However, some documents received during a mediation are intended to be evidence or submissions to be placed in the application, and will be considered if there is a hearing because the mediation is not successful.
Permission to give the documents or information to other parties would normally be obtained when the information was provided, but could be obtained later. Permission will always be obtained before the information or document is shared with other parties. Permission can be given by the party regarding specified information or documents in writing or orally (noted in the file).
Under section 175 of the RTA, an LTB Member, Mediator cannot be compelled to give testimony or produce documents in a civil proceeding if the information came to their knowledge in the course of their duties under the RTA. This means that a Mediator cannot be called to a hearing of the LTB or a Court to report what was said at a mediation session or in separate discussions with any party.
However, in extraordinary cases, the evidence of a Mediator may be compelled in Court (such as at a criminal trial, where the public interest requires the evidence). It is also possible that information will have to be produced to a member of the public under the provisions of the Freedom of Information and Protection of Privacy Act. Further, the LTB recognizes that it has an obligation to advise appropriate officials if any potential criminal act or intention is revealed in the course of the mediation.
|13.22||Rules 13.17 to 13.21 may not be waived or varied.
Rules A4.2 and 1.5 allow the LTB to waive or vary any of these Rules in the circumstances of the application. However, the Rules concerning confidentiality of the mediation process cannot be waived or varied in any circumstances.
There will be cases in which the parties, between themselves, resolve an application without any assistance from a Mediator employed by the LTB. They may also retain the services of a private mediator or any other person to assist them in settling the dispute between them. These Rules deal with the consequences of such an agreement.
Section 3 of the RTA provides that the Act applies, regardless of any agreement or waiver to the contrary. Thus, parties may only settle an application by agreeing to terms or conditions which are consistent with the legislation. Section 4.1 of the SPPA permits an order to be issued without a hearing, on the consent of the parties, so long as the Act under which the order is issued permits this. The power to issue a "consent order" under the RTA is restricted by section 3, in that no order may include terms which contravene the Act. This is further confirmed by subsection 194(2) of the RTA which allows a settlement to contain provisions which contravene the Act, but only where it was mediated by the LTB.
If the parties settle the issues raised by the application, and part of the agreement is that the application will be withdrawn, the applicant may withdraw the application without the consent of the LTB at any time prior to the commencement of the hearing (subject to the provisions of subsection 200(3) of the RTA). However, if any term of the agreement to settle is not in accordance with the Act, the fact that the parties agreed to it will not prevent the applicant from applying again or affect the result of any subsequent application.
If the parties settle the application, and part of the agreement is that an order should be issued in accordance with what the parties have agreed, these Rules will apply.
|14.1||If the parties have settled an application without mediation by the LTB, and all
parties request that some or all of the terms of their agreement be made part of
an order, a party may file the agreement at the beginning of the hearing.
A party may file an agreement to settle or "minutes of settlement" before the hearing date, but all of the parties should still attend the hearing. If a party files the agreement at the hearing, this should be done before any evidence is heard. The LTB will then review the agreement in accordance with Rule 14.2.
|14.2||If the LTB is satisfied that the terms of the agreement:
Parties to an application may settle issues that are beyond the scope of the application in their agreement. Or, their settlement may include terms that would normally not be included in an order for that type of application.
The LTB will ask the parties any questions necessary to satisfy themselves that the parties fully appreciate the consequences of their agreement and that it was voluntarily settled. This will be difficult in some cases without understanding all of the facts of the case. Nevertheless, in view of section 3 of the RTA, the LTB should ensure that the parties' agreement is not inconsistent with any provision of the Act. In some cases, they may ask for evidence to confirm this.
If the LTB believes that another order would be appropriate, based on the basic principles that the parties have agreed to, the LTB may ask whether the parties consent to that order. If the LTB decides not to adopt the agreed terms within an order, and the parties do not agree to any variation proposed by the LTB, the hearing on the merits of the application will proceed, unless the applicant wishes to withdraw the application (and, if required, permission to withdraw is granted, such as in a harassment application).
|14.3||If the parties to an application have settled, or are close to a settlement of the
issues between them, they may request that an LTB Mediator facilitate a mediated
settlement of the application before the LTB.
Only settlements resulting from mediation by the LTB will dispose of the application without an order. Settlement of the issues raised by an application without the assistance of an LTB Mediator may result in an agreement, but an order in accordance with the agreement will only be issued if the terms are not inconsistent with the Act.
If the parties have already settled some or all of the issues between them and approach an LTB Mediator, the Mediator may agree to conduct a mediation with them in accordance with Rule 13. This will include eliciting from each party their interests and whether the terms they have already agreed to satisfy those interests.
The special provisions for settlements mediated by the LTB recognizes that Mediators employed by the LTB will have a role in ensuring that the mediation is fair and the parties realize what they may be giving up, if they are agreeing to settlements that may contravene the Act. If the parties have settled the application themselves or through an outside mediator, the LTB cannot be sure that the parties were aware of their rights.
|14.4||Rules 14.1 through 14.3 do not apply to agreements made under s.206 of the RTA.
Under section 206 of the RTA the LTB may issue an order on consent without holding a hearing if the parties submit an agreement. In these cases, it is not necessary for the parties to appear before an LTB Member at a hearing.
The RTA and the LTB's Rules of Practice establish a number of deadlines for filing applications and other documents with the LTB, and for serving documents to other parties. Subsection 190(1) of the RTA specifically authorizes the LTB to extend or shorten the time for making an application under: section 126 (to increase the rent above guideline), subsection 159(2) (for a determination that the landlord's grounds for refusing consent to an assignment of a mobile home site are reasonable), and/or section 226 (to review a provincial work order). Subsection 190(2) permits the LTB to extend or shorten time for other matters in proceedings in accordance with these Rules.
|15.1||Subject to section 56 of O. Reg. 516/06, a party may make a request to extend or
For example, a party may file a motion to set aside an ex parte order after the deadline if they submit a request for an extension of time when filing the motion. Under subsection 77(7) of the RTA, an ex parte order is stayed if a motion to set aside the order is received by the LTB. When a motion is filed late, it will not stay the order unless an LTB Member decides to extend the time for filing the motion. It is important to determine as quickly as possible whether the extension of time is granted.
A party may also request an extension of time where an LTB Member has allowed a party to file a document by a certain date, and the party realizes that they may have difficulty meeting the deadline. In this case, the party should make the request for extension of time as soon as they become aware of the need for it.
A party may make a request to shorten the time requirement to serve a Notice of Hearing or for other procedural matters. However, the LTB has no authority to extend or shorten those time requirements which are specified under the regulations (see section 56), such as notice requirements for terminating tenancies or the 12 month deeming rule for rent to be lawful under subsection 119(1) of the RTA.
A request pursuant to this Rule may include a request to extend the time to either request reasons or request a review of an order (see Rule 15.6 commentary).
|15.2||A request to extend or shorten time must be in writing and must set out the
reasons why additional time is requested.
For example, where a party wants to file a document after the deadline, the party making the request for an extension of time must explain, in writing, why the document was not filed in time.
|15.3||Unless the LTB permits otherwise under Rule 15.3.1, a party requesting an
extension of time in order to file any of the motions, applications or requests
listed below must, along with the request to extend time, file the associated
motion, application or request:
|15.3.1||In exceptional circumstances, the LTB may permit a party who requests an
extension of time not to file the motion, application or request with the request
for an extension of time. The party must specify, in writing, the reasons why
they have not filed the motion, application or request with the request for an
extension of time. The party must also specify, in writing, the additional time
they need to file the document.
For example, where a party's recently retained legal representative has not had the opportunity to prepare the document in question when the request for an extension of time is filed, the LTB may allow the request for an extension of time to be filed without the accompanying document.
|15.3.2||Where the LTB grants an extension of time for the party to file a document that does not accompany the request for an extension of time, the LTB will specify the date by which that document must be filed and by which the filing fee, if any, must be paid. If the document is not filed and the fee, if any, not paid by the date specified by the LTB, the document will not be accepted for filing.|
|15.3.3||The LTB, in determining whether a request for an extension of time made pursuant to Rule 15.3.1 should be granted, will consider only the reasons relating to the request for an extension of time set out in the documents filed with the LTB, and will not consider the merits of the matter that is the subject of the request.|
|15.4||Where the LTB has denied a party's request to extend or shorten time, no
subsequent request from the same party to extend or shorten the same time
requirement will be considered.
Where a party has sought an extension of time (or an abridgement of time, as the case may be) to do a particular thing, such as file a set aside motion, an LTB Member will decide whether or not to grant the request. If the request is denied, the same party may not file another request seeking the same remedy, even if different reasons are set out in the subsequent request.
|15.5||The LTB may extend or shorten the time for filing a document without obtaining
or considering submissions from the other parties to the application.
It may be prejudicial to a party to delay the decision on the request to extend or shorten time by seeking submissions from the other parties to the application. In many cases, it will be necessary to decide the issue based only on the reasons given in the request. However, the LTB may seek submissions from the other parties before deciding the issue.
|15.6||The LTB shall consider the following factors in deciding whether to extend or
shorten any time requirement under the RTA or these Rules:
The LTB has the discretion to extend or shorten a time period set out in the RTA or the Rules, or refuse such a request. In most cases, the request will be to extend time, and the length of the delay requested is very relevant. So too are the reasons that the party explains as the need for the extension.
If the extension causes little or no prejudice to other parties, a close examination of the reason for and length of the extension will be less important.
Although subsection 190(2) of the RTA authorizes the LTB to extend or shorten time requirements in accordance with these Rules, the regulations limit which time requirements under the RTA may be extended.
For example, a party may request an extension of time to file a request for review because they have requested reasons within a reasonable time, and those reasons were not issued in time to review those reasons and file the request for a review of the order within the 30 days prescribed by this rule.
|15.7||A document for which a request to extend or shorten time is required is deemed
not to be received until the request has been made and granted.
If the request to extend or shorten time is denied, the document will be returned to the party who submitted it, as the document will not be considered to have been accepted by the LTB.
|15.8||If the request to extend or shorten time is granted, the document will be deemed to have been received on the date on which the party filed it.|
|15.9||Rules 15.7 and 15.8 do not apply to applications made under section 126,
subsection 159(2) and section 226 of the RTA.
A request to extend or shorten time made on an application filed under section 126(for an above guideline increase), subsection 159(2) (for a determination that the landlord's grounds for refusing consent to an assignment of a mobile home site are reasonable) or section 226 (to review a work order) is typically handled as a preliminary matter at the hearing. In order to schedule a hearing, the application must be accepted.
Subsection 200(1) of the RTA permits an applicant to amend an application in accordance with the Rules.
Subsection 201(1) also permits the LTB to amend an application on its own motion and on notice to the parties where the LTB considers it appropriate and as long as to do so would not be unfair to any party.
|16.1||An applicant who wishes to amend the application before the hearing shall:
The applicant should give written notice of the amendment to the LTB and the respondent(s) as soon as possible after the need for the amendment becomes known.
The applicant should give this notice by filing both:
The applicant must give a copy of the written request and the amended application to each respondent. This should be given using one of the methods of service permitted by section 191 of the RTA and Rules 5.1 to 5.6. A certificate of service must be filed to prove that the documents were given to each respondent.
The applicant must decide whether the amendment is so minor that it should be raised at the beginning of the hearing, or whether notice should be given earlier to the respondents. The best practice is to give notice of the requested amendment to each respondent and the LTB as much before the hearing as possible. The applicant must still convince the LTB that the amendment is proper.
|16.2||When an applicant files a request to amend an application, LTB staff will process
the amended application and, if necessary, issue a new Notice of Hearing. The
decision about whether or not to grant the requested amendment will be made by
an LTB Member.
When an amended application is filed, staff will process it according to the usual application filing procedures. Where the amendment affects the information that appears on the Notice of Hearing, a new notice will be issued. The decision about whether or not to grant the amendment will be made by the LTB Member at the hearing.
|16.3||If a new Notice of Hearing is required, the hearing date in the new notice will
remain the same as the existing Notice of Hearing unless the applicant has
consent of all parties to reschedule. If a new Notice of Hearing is issued, the
applicant must give a copy to each respondent.
If there no consent to reschedule and there is insufficient time for the applicant to provide the required amount of service of the new Notice of the Hearing, the matter will proceed as originally scheduled and it will be up to the LTB Member at the hearing or who otherwise decides the application, to deal with any issues raised as a result of the insufficient service.
If a new Notice of Hearing is issued, the applicant should give it to the other parties using one of the methods of service permitted by section 191 of the RTA and Rules 5.1 to 5.6. A certificate of service must be filed to prove that the notice was given to each respondent.
|16.4||The LTB shall decide whether to permit an amendment taking into consideration
the following factors:
The LTB has the discretion to accept an amendment of an application, or refuse to permit it. Some amendments are necessary because they correct mistakes which are so significant that, without them, the respondent would not understand what they were to answer, or the hearing would deal with the wrong issues. Other amendments are less significant (e.g., a minor up-dating of information, or addition of information that does not change the relief requested). The LTB Member should consider the need for the amendment, balancing this against any delay in requesting it (notifying the respondents) and any prejudice the respondents will suffer if they must respond to it. The LTB Member may consider any other relevant factor when deciding the application.
The decision to accept or reject a proposed amendment will be made by the LTB Member at the start of the hearing, and rarely if ever in advance.
|16.5||Where the parties to an application resolve the application through mediation
conducted by the LTB and the parties agree to the requested amendment, the
application will be considered amended.
For example, if the applicant has named a child of the tenant as one of the tenants in the application and both the applicant and respondent agree that the child's name should be removed from the application, the Mediator will make note of this amendment in the LTB's file. In this case, the parties would not be required to appear before an LTB Member to have a decision made on the amendment to the application.
Subsection 200(2) of the RTA allows an applicant to withdraw an application without the consent of the LTB if the request is made before the hearing begins. Subsection 200(4) provides that, once the hearing starts, the applicant may only withdraw the application with the consent of an LTB Member. However, under subsection 200(3), a tenant who applies under paragraph 4 of subsection 29(1) of the RTA may not withdraw an application at any stage without the consent of the LTB.
When a Hearing Begins
|17.1||For the purposes of subsection 200(2) of the RTA, an oral or electronic hearing
has begun when the parties first appear before an LTB Member or Hearing
Officer, even if the appearance is only to deal with a preliminary matter.
It is important to be certain when a hearing has begun in order to ascertain whether or not an LTB Member's consent is required before an application can be withdrawn. Note that this definition of when a hearing has begun only applies for the purposes of determining whether or not consent is required, and does not necessarily mean that who heard the preliminary matter is seized with the application.
|17.2||For the purposes of subsection 200(2) of the RTA, a written hearing has begun
when the respondents' deadline to file responses has passed.
When an application is being resolved by written hearing, deadlines are established for respondents to file responses to the application, and for the applicant to reply to those responses (see Rule 22.4).
Applicant's Responsibility to Notify Respondents
|17.3||An applicant who withdraws an application shall promptly notify the LTB and
each other party.
It is the responsibility of the applicant to notify each respondent that the hearing has been cancelled because of the withdrawal, even if the Notice of Hearing has not been served.
The best practice is for the applicant to notify the LTB and the other party or parties in writing of the withdrawal of the application. However, the LTB will accept verbal notice of a withdrawal.
|18.1||Where an application is created as the result of the severing of another
application, any procedural requirements that were satisfied, or procedural
issues resolved in the original application continue to apply to the severed
application, unless the LTB decides otherwise.
This Rule ensures that a party's rights are not prejudiced in situations where the LTB determines that an application will be severed into a number of separate applications. For example, if the LTB Member dealing with the original application grants a party's request to close the file to the public, the party who made the request would not have to make this request again where another application was created as a result of severing. However, an LTB Member could determine that because of the severing, the issues raised which lead to the closing of the original file are now not applicable to all of the applications, and those applications where public access is no longer an issue could be opened to the public.
Under section 5.4 of the SPPA, a tribunal may, at any stage of its proceedings up to the end of the hearing, make orders for the exchange of documents, the exchange of reports of expert witnesses, the provision of particulars and any other form of disclosure. The tribunal must adopt rules of practice in order to use this authority but cannot use these powers to require the production of privileged information.
Disclosure may be useful to facilitate a better hearing, especially if proper consideration is given to the type of proceedings, the knowledge of the parties about procedures, and the desire for an expeditious and fair procedure.
Note that the powers set out in these rules are in addition to the power the LTB has to conduct inquiries or direct parties to file additional evidence as set out in s.201 of the RTA. Further discussion of the LTB's powers under s.201 may be found in the LTB's Guideline 13 - Other Powers of the LTB.
The rules of natural justice provide parties with the right to know the case that they must meet at a hearing and the right to disclosure from an opposing party of all documents or other material relevant to the issues in the hearing. The scope of disclosure includes documents or other material that might enable the other party to advance its case or to damage the case of the adversary.
The LTB strongly encourages cooperation from parties in voluntarily disclosing and exchanging all relevant documents or other material, before or on the day of the hearing. Where necessary, an LTB Member will make an order or issue a direction, in order to assist a party in obtaining disclosure in a manner that ensures a fair hearing.
|19.2||A landlord who applies for an above guideline rent increase based on paragraphs
1 or 3 of subsection 126(1) shall be prepared to disclose at the hearing the rent
for each rental unit in the residential complex, and the date that rent was
established for a new tenant under section 113 of the RTA or last increased for an
On an application for an above guideline rent increase based on an extraordinary increase in the cost for municipal taxes and charges or utilities or both, or based on operating costs related to security services the landlord does not have to file a detailed list of rents for all the rental units in the residential complex. They should, however, bring such a list to the hearing in case the total rent information for the complex is disputed by the tenant or questioned by the LTB Member. In addition to the rent information (total rent charged for each unit, before any discounts, as of the month the application is made), the landlord should be prepared to give evidence as to the date that rent was established: if the rent was set for a new tenant, the date is when the tenancy began; if the rent was the result of an increase for an existing tenant, the date is when the rent last increased.
Where a landlord makes an application for a rent increase above the guideline based on capital expenditures incurred, they are required by paragraph 22(1)2 of O.Reg. 516/06 to file a detailed list of rents, among other materials, with the application.
Under section 5.3 of the SPPA, the LTB may direct the parties to attend a pre-hearing conference. The LTB must adopt rules of practice in order to be able to use this authority. The purpose of a conference is to discuss the preparations for the hearing and the hearing itself, including attempts to define and narrow the issues in dispute, disclose potential evidence and witness lists, and discuss the possibilities of mediation.
Generally speaking, the LTB will direct a conference to be held only where it is anticipated that there will be a lengthy hearing of one or more days, and the hearing could be shortened or made more effective as a result of a pre-hearing conference.
Direction to Attend
|20.1||An LTB Member may direct a pre-hearing conference to be held to consider any
or all of the following:
An LTB Member or Hearing Officer may conduct the pre-hearing conference, but it may only be held at the direction of an LTB Member. There are various issues which could be considered. For example, the parties could make submissions concerning whether a party should be added or removed, the date by which any step should be taken or begun, the order of proceedings at the hearing and the estimated length of the hearing.
A pre-hearing conference is intended to deal with procedural issues, to the largest degree possible by consensus among the parties. However, where necessary, the conference may result in recommendations, a procedural order or directions.
Under subsection 5.2(2) of the SPPA, a tribunal may hold an electronic hearing rather than an "oral hearing" (a face to face hearing, or a hearing in person). "Electronic hearing" means a hearing held by conference call, video conferencing or some other means of electronic technology permitting persons to hear one another. An electronic hearing should not be held unless all parties, the LTB Member and the witnesses can hear each other at all times.
According to subsection 5.2(2) of the SPPA, a tribunal will not hold an electronic hearing if a party satisfies it that holding an electronic hearing instead of an oral hearing is likely to cause the party significant prejudice.
When to Hold an Electronic Hearing
|21.1||In deciding whether to hold an electronic hearing, the LTB may consider any
relevant factors, including:
Electronic hearings are most appropriate in cases in which there are few issues of fact to be decided, there will be few witnesses, and they are not likely to be cross-examined. However, cases with some factual issues can be heard electronically. This kind of hearing is well suited to dealing with submissions on procedural and legal issues.
There may be logistics which would make an electronic hearing difficult or unworkable, such as lack of facilities for viewing videos, no way of viewing photographs, or the lack of a fax machine to view documents that should be exchanged during the hearing.
In some cases, an electronic hearing on an early date may be preferred by the parties, and it may also be more convenient than travelling to a hearing facility and spending more time. In many cases, an electronic hearing will result in less public expense and will permit an earlier resolution of the application. This is not to say that the LTB will hold most hearings electronically, but this option may be used in appropriate cases.
|21.2||A party to an electronic hearing who objects to the type of hearing shall file an
objection in writing with the LTB by the date set out in the notice of electronic
hearing, setting out how an electronic hearing would cause them significant
For an electronic hearing (unlike a written hearing) a party's objection will not automatically convert the hearing into an oral one. It will be up to the LTB Member who reviews the submissions to decide whether the electronic hearing would significantly prejudice the party who objects. The LTB Member may, without hearing from the other parties, decide to convert the hearing to an oral hearing (a hearing in person) or to continue with the electronic hearing because there is no significant prejudice. The LTB Member may also decide to invite submissions from the other parties before deciding this question.
Conditions for an Electronic Hearing
|21.3||If directed by the LTB, the party specified in the direction may be required to
arrange for the facilities or equipment necessary for the electronic hearing,
including paying any associated expenses.
Where an electronic hearing is scheduled at the request of a party, the LTB Member may require that party to pay all or part of the cost of providing the necessary facilities.
Procedural directions specific to individual hearings could, for example, identify who will be responsible for setting up electronic hearings and paying for facilities, and in which locations video-conferences can be held. Usually conference calls will be arranged by and paid for by the LTB, but one or more parties may be required to pay the costs of video-conferences.
Under section 5.1 of the SPPA, the LTB may hold a written hearing rather than an "oral hearing" (a face to face hearing) or an "electronic hearing" (held by conference call, video conferencing or some other means of electronic technology permitting persons to hear one another). In a written hearing, the parties are required to file their evidence and make submissions to the LTB in writing. The LTB makes a decision based on the evidence and submissions filed without holding an oral hearing.
Written hearings are inexpensive and easy to arrange. However, they may not be suitable for applications where facts may be in dispute or credibility is an issue.
Subsection 5.1(2) of the SPPA as amended on February 14, 2000, sets out that if a party satisfies the LTB that there is a good reason not to hold a written hearing, the LTB will not do so. However, subsection 184(2) of the RTA sets out that if the application was made under sections 132 or 133 or if it was made solely under paragraph 1 of subsection 126(1) of the RTA, subsection 5.1(2) of the SPPA does not apply. For applications which relate to municipal property taxes or utilities, parties are not invited to make submissions regarding whether or not the application should be resolved by written hearing.
Subsection 5.1(3) of the SPPA sets out that in a written hearing, all parties are entitled to receive every document that the LTB receives in a proceeding. However, under subsection 184(3) of the RTA applications related to municipal property taxes or rent increases above the guideline are exempt from this provision. As a result, the requirement for all parties to receive every document that the LTB receives does not apply to applications under sections 126, 132 and 133. For these applications, the applicant is required to serve only the application and notice of hearing on the other parties. As well, the LTB is not required to send copies of the documents filed with respect to an application to the parties.
If a party wants to review the documents, they can do so by requesting to view the application file at an LTB office. Also, if the application was filed under section 126 and includes a claim for capital expenditures, landlords are required to make extra efforts to give tenants access to the supporting documents for the application. Additional information on these requirements may be found in the LTB's Guideline 14 - Above Guideline Rent Increase Applications.
When to Hold a Written Hearing
|22.1||In deciding whether to hold a written hearing, the LTB may consider any relevant
The LTB may schedule a written hearing if the application was made under sections 132 (an application to vary the amount of a rent reduction) or 133 (an application for a rent reduction for municipal taxes) or if it was made solely under paragraph 1 of subsection 126(1) of the RTA (an application for an above guideline rent increase due to increased municipal taxes or utilities). The evidence (in these applications) is generally straightforward and objective and in most cases parties will not dispute the facts or need to test credibility. As a result, these applications are ideally suited for written hearings.
The LTB may schedule written hearings for other applications such as applications to increase the rent above the guideline not based solely on the ground of increased taxes or utilities, or if a written hearing was requested by the applicant. However, a written hearing may not always be appropriate, for example, where credibility is an issue, and the LTB will schedule an oral or electronic hearing instead.
|22.2||A party who objects to a written hearing shall file an objection in writing with the
LTB no later than 27 days after the notice of written hearing is issued, setting out
why the party believes the application should not be resolved by a written
The 27 day period for objecting will be set out in the notice of written hearing. If a party files an objection within the 27 day deadline, the LTB will consider whether to convert the hearing to either an oral or an electronic hearing. However, if the application was made under sections 132 or 133 or if it was made solely under paragraph 1 of subsection 126(1) of the RTA, the LTB can proceed with the written hearing despite a party's objection. A 27 day period for objecting will not be set out in the notice of written hearing for these applications.
|22.3||Whenever appropriate, the LTB may continue a written hearing as:
In some cases, an LTB Member may decide after beginning a written hearing that an oral or an electronic hearing would be more appropriate. For example, the LTB Member may decide that oral submissions are necessary to resolve facts in dispute. The LTB Member may convert the written hearing to an oral or electronic hearing without inviting submissions from the parties. If the LTB Member is considering an electronic hearing, and is aware of any objections to an electronic hearing, the LTB Member will consider the objections before making the decision. Provisions for objecting to electronic hearings are set out in Rule 21.2.
Document Filing Procedure
In a written hearing, respondents to the application are entitled to respond to the evidence and submissions made by the applicant. Applicants are entitled to reply to any responses. The deadlines for responding, and for replying to responses are set out in the notice of written hearing. If the respondent or applicant responds or replies after the deadline for doing so has expired, the LTB Member may decide not to consider the response or reply.
Pursuant to subsection 5.1(3) of the SPPA, all parties to the application being resolved by a written hearing are entitled to receive copies of any document filed with the LTB. Therefore, the applicant and respondents are required to serve a copy of any document they file with the LTB in a written hearing on the other parties to the application. However, in accordance with subsection 184(3) of the RTA, applications that are limited to claims regarding taxes or rent increases above the guideline are exempt from this provision.
|22.5||If the application was made under sections 126, 132 or 133 of the RTA, then
parties to the application are not required to serve copies of any documents filed
with respect to the application on the other parties to the application, except as
required by subsection 126(4) and the related regulations and Rule 22.4, sub rule
Subsection 184(3) of the RTA states that if the application was made under sections 126, 132 or 133 then, subsection 5.1(3) of the SPPA does not apply. This means that for these applications, parties are not required to serve copies of the documents they file with the LTB on the other parties (other than the requirement for the applicant to serve the application and the notice of hearing on the other parties).
Certificate of Service
|22.6||The applicant must file with the LTB a certificate of service according to Rule 11.1 no later than 25 days after the notice of written hearing is issued.|
|22.7||If the applicant fails to file the certificate of service by the date set out in Rule 22.6
the LTB may dismiss the application.
Rule 11.1 requires an applicant to file a certificate of service demonstrating that they have given a copy of the application and the notice of hearing to the other parties to the application. The deadline for filing the certificate of service will be set out in the notice of written hearing.
|23.1||A party may request the LTB issue a summons for a witness. The request for summons must be in writing and explain why the proposed witness is necessary and can provide evidence relevant to the issues in the proceeding. The request must be made as soon as the party becomes aware of the need for the summons. Where a party is represented by a lawyer or paralegal the lawyer or paralegal must prepare and submit the summons using the LTB's Summons form with the request.|
|23.2||Service of the summons and payment of attendance money is the responsibility of the party who requested the summons.|
Under section 9 of the SPPA, a hearing shall be open to the public except where matters involving public security may be disclosed or where:
"intimate financial or personal matters or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest, outweighs the desirability of adhering to the principle that hearings be open to the public...".
The public will have access to all LTB hearings, unless otherwise ordered by an LTB Member or Hearing Officer. In rare circumstances, an LTB Member or Hearing Officer will be satisfied that the hearing must be closed in accordance with section 9 of the SPPA. For example, this may occur if there will be medical evidence in a hearing, such as one dealing with a care home transfer application (section 148 of the RTA).
The LTB's position on public access is as follows: Hearings will be open to the public unless the parties are involved in settlement discussions before a Hearing Officer, or the LTB Member or Hearing Officer believes that there is sufficient reason to deny the public access. While hearings are open to the public, the application file is not. This means that while a member of the public can attend an LTB hearing, they will not be given access to the file. Only parties and their representatives can be given access to the file.
|24.1||If a party wishes to request that the hearing be closed, they shall promptly notify
the LTB and every other party of the request and provide reasons for the request
for the hearing to be closed.
The LTB and every other party to the proceeding must know as soon as reasonably possible that a request to close the hearing will be made so that the LTB can make any special arrangements required to prevent public access to the hearing. It is important that the party making the request explain the basis of the request to ensure that the LTB will have a reasonable opportunity to decide if special arrangements are required.
|24.2||If the LTB decides that all or part of the hearing should be closed to the public,
the LTB may:
Once the LTB Member or Hearing Officer has heard the submissions of the parties at the start of the hearing, the LTB Member or Hearing Officer may decide that the evidence and submissions on one or more particular issues should be heard while excluding the public. The LTB Member might also conclude that the entire hearing should be closed to the public. Of course, it is also possible that the request will be unsuccessful and the hearing will be open.
If the hearing will be closed, this Rule authorizes the LTB Member or Hearing Officer to include specific directions about how the proceedings will be conducted. For example, during the portion of the hearing to be closed to the public, the LTB Member can specify who should be in the hearing room. In a particularly sensitive case, those present can be required by the LTB Member or Hearing Officer to sign an undertaking not to disclose what took place during the closed portion of the hearing. Further, the LTB Member or Hearing Officer may decide to issue a "public" copy of the order, and the reasons if they are issued, in which references to the closed portion of the hearing are removed, although the parties would receive the complete order and reasons, if issued.
These Rules explain the practices of the LTB regarding its own recording of hearings, as well as that by parties, journalists and other persons. Subsection 9(2) of the SPPA permits the LTB to make orders or directions at an oral or electronic hearing to maintain order, and provides for certain actions which may be taken against a person who disobeys the LTB's instructions.
|25.1||Subject to Rule 25.5, no person shall make a visual or audio recording of any part
of the proceeding unless authorized by the LTB before or at the beginning of the
This Rule is intended to apply to parties, their agents, journalists or other persons. The LTB Member may impose conditions on the recording to protect the integrity of the hearing.
|25.2||If the LTB records the hearing, the recording will form part of the record and any
party may request a copy of the recording upon payment of the required fee.
The LTB will record a hearing if circumstances permit. Accordingly, most LTB hearings will be recorded. If requested, the LTB will do a search for an audio recording of the hearing, and will provide a copy of a hearing recorded, for a fee. No guarantee of the existence or quality of a recording can be provided. Recordings made by the LTB are not transcribed, but pursuant to section 20 of the SPPA, they are part of the "record" for the purposes of review of an order or for appeal.
|25.3||The deadline for a party to request a copy of a recording of a hearing is ten years
from the date the hearing was recorded.
This deadline is established because per Rule 25.4, the LTB may dispose of any recording of a hearing ten years after the hearing was recorded.
|25.4||The LTB may erase or otherwise dispose of a recording of a hearing if ten years
have passed since the hearing was recorded.
The LTB reserves the right to dispose of any recording of a hearing ten years after it was made. However the LTB may, if it chooses, retain a recording for a longer period of time if one of the hearings on it is still pending with the LTB or with the Courts.
|25.5||Any party may bring a verbatim reporter at their own expense for the purpose of
creating a transcript, provided that the party notifies the LTB in advance.
In particular cases, a party will wish to have a transcript of the hearing. As the LTB will not produce transcripts, the party would have to arrange for their own professional reporter (e.g. a court reporter) to be present at the hearing. As long as the party advises the LTB in advance, the LTB Member will permit this. The reporter must, of course, be sufficiently experienced to properly record the hearing and not disrupt it. The LTB will not pay for the reporter's fees or expenses.
At the end of a hearing, the LTB Member will adjourn the hearing pending the issuance of an order.
In view of subsection 17(1) of the SPPA, the written order is the official decision of the LTB. The written order (and reasons, if issued) have legal status and are enforceable.
|26.1||The LTB shall send a copy of any order and/or reasons to each party to the
The usual practice will be to mail a certified copy of the order to all parties and their representatives, not only to those who participated in the hearing. Generally, copies will not be sent by fax, although they may be picked up for a fee at the responsible LTB Office. However, occasionally special circumstances will arise, and the LTB may arrange a different method of service. Although in general copies of the order will be certified, orders that are not certified may be sent in cases such as above guideline rent increase applications.
|26.2||If a party wishes the LTB to issue written reasons for the order, the party must
make the request:
Subsection 17(1) of the SPPA requires a tribunal to issue written reasons for its orders upon the request of any party. The LTB will exercise its authority to issue reasons on its own initiative in some cases, and will issue reasons when requested by a party under this Rule. However, in most cases, written reasons will not be issued. Parties who intend to request a review of an order or file an appeal are encouraged to ask for written reasons as soon as possible after the order is issued. Where the time has been extended by the LTB for requesting a review of an order, or, by the Divisional Court for filing a Notice of Appeal, and, the parties did not request written reasons within 30 days after the order has been issued, the parties are expected to request written reasons as soon as possible after the extension of time for requesting a review or filing an appeal has been granted.
|26.3||Despite Rule 26.2, the LTB shall give reasons for departing from a guideline
whether or not reasons are requested.
Interpretation Guidelines are intended to assist the parties in understanding the LTB's usual interpretation of the law and to promote consistency in decision-making. An LTB Member's reasons for not following a guideline should be clearly explained in the decision.
|26.4||If an order is reviewed under section 21.2 of the Statutory Powers Procedure Act,
and a reviewing LTB Member determines that it is necessary to have reasons, the
LTB Member who issued the order under review shall issue reasons promptly,
without having regard to the content of the request for a review of the order.
Many review requests (see Rule 29) can be decided without reasons, so an LTB Member is only required to write reasons if the LTB Member who is conducting the preliminary review or review hearing determines that reasons are necessary. See the commentary to Rule 15.1 and 15.6.
|26.5||If an order has been appealed and the LTB receives a request for reasons the
LTB shall issue reasons promptly without having regard to the content of the
For an appeal, reasons, if requested, should be issued quickly in order to have a complete record available for the Divisional Court, and to allow the parties to understand the decision they are appealing. (Note: Under subsection 210(2) of the RTA a party who appeals an order must give copies of the Notice of Appeal and any other appeal documents to the LTB.)
|26.6||Rule 26 cannot be waived.|
Subsection 204(2) of the RTA gives the LTB the discretion to order one party to pay another party's costs. Subsection 204(3) allows the LTB to order that its costs of a proceeding be paid by a party or a party's paid representative. In accordance with subsection 204(4), the amount for an order for costs shall be set in these Rules.
The Interpretation Guideline on costs sets out the usual approach followed by the LTB when ordering costs against a party, a party's agent or a party's legal representative. These Rules complement the approach suggested in the Guideline.
Ordering Application Fee as "costs"
|27.1||If the applicant is successful, the LTB may order the respondent to pay the
application fee to the applicant as "costs".
This Rule will generally allow a successful applicant to obtain an order for recovery of the application fee they have paid. See Guideline 3 - Costs regarding when an applicant should be considered to have been successful. Note that there are some sections of the RTA that explicitly authorize or require the LTB to issue an order for the payment of the application fee, or other fees, as costs. For example: sections 74, 78, and 206.
Ordering the Costs of Another Party
|27.2||Pursuant to subsection 204(2) of the RTA, the LTB may order a party to an
application to pay the costs of another party. These costs may include an
Where the LTB orders a party to pay the representation/preparation fees incurred by another party, these fees shall not exceed $100 per hour for the services of a paid agent or legal representative. The total amount ordered for representation/preparation fees shall not exceed $700 in respect of the proceedings as a whole. In addition, the total amount ordered for other out-of-pocket expenses shall not exceed $700 in respect of the proceedings as a whole.
This Rule sets the maximum amount which may be allowed if an LTB Member decides it is appropriate to order one party to pay another party's costs. The Guideline on costs suggests this is appropriate only where a party has been responsible for unreasonable conduct. It also suggests situations in which a party is not entitled to costs even if there has been unreasonable conduct by another party.
With respect to representation/preparation fees, the intention of this Rule is to allow the recovery of these fees only for the portion of the hearing that was affected by the unreasonable conduct. For example, if the LTB Member warned the respondent's legal representative that an issue they raised did not seem relevant to the application, and yet they continued to pursue the issue unreasonably, the LTB Member could order the respondent to pay costs to the applicant that correspond to the time wasted (up to the maximum set by this Rule).
An LTB Member may also, in appropriate circumstances, order a party to pay another party's out-of-pocket expenses "thrown away" due to unreasonable conduct. Examples of such costs include: witness fees, travel expenses, child care-expenses, or lost income related to the hearing.
Ordering LTB Costs
|27.3||Pursuant to subsection 204(3) of the RTA, the LTB may order that its costs of a
proceeding be paid by a party or legal representative. These costs shall not
exceed $100 per hour for the hearing or $700 in total in respect of the proceeding
as a whole.
There are two limits on the amount of LTB costs ordered. First, if the unreasonable conduct affects the hearing, the order shall not exceed $100 per hour. Second, the amount allowed in total for the proceeding cannot exceed $700, including any amount ordered for the hearing.
This Rule recognizes unreasonable conduct in any stage of the proceeding will be relevant in considering the LTB's costs, not just unreasonable conduct at the hearing. In other words, there may be an order for LTB costs even where the unreasonable conduct did not occur during the actual hearing.
The LTB will not order that its costs of a proceeding be paid by a paid agent or legal representative of a party unless those costs were incurred by the undue delay, negligence or other default on the part of the paid agent or legal representative.
Section 21.1 of the SPPA allows a tribunal, at any time, to correct a typographical error, error of calculation or similar error made in its decision or order. These types of errors may be construed as clerical errors.
A clerical error may be the result of a mistake or omission made by the LTB in the process of writing an order or other decision. Or, a clerical error may be an error made by a party in preparing a document which is submitted to the LTB that ends up being transcribed into an order or decision. A serious error, on the other hand, such as an error of procedure or fact or an unreasonable application of discretion, would be the subject of a request for the LTB to review an order (see Rule 29).
See also Guideline 15 "Amending an Order".
|28.1||A party to an order or any person directly affected by it may request that an order
or any other decision be amended to correct a clerical error on or before the date
that is 30 days after the order or decision is issued.
This Rule permits any party to an order to request that the order or other decision be amended to correct a clerical error. It also permits any other person directly affected by a particular order or other decision to request such an amendment.
The time limit to make the request recognizes the desire of the LTB that its orders be considered final within a reasonable time. A request to extend this time limit may be made under Rule 15. The LTB would consider factors such as the reason for the delay, the length of the delay, and any evidence of prejudice suffered by any person.
|28.2||The LTB may, upon its own initiative, amend an order or decision in order to
correct a clerical error.
This Rule permits the LTB to amend an order or decision. Generally, an order or decision will only be amended if a party requests it, but in some cases an LTB Member may initiate an amendment where they believe it is appropriate and necessary.
Form and Contents of Request
|28.3||A request to amend an order or other decision to correct a clerical error shall be
made in writing and shall be signed by the person making the request.
The person requesting the amendment may use the form provided by the LTB, but the form is not required. A letter will be sufficient if it at least contains the information required by Rule 28.4. The form or letter must be signed by the person making the request or their representative.
|28.4||A request must include: the LTB's order number, the address of the rental unit or
residential complex concerned and the name, address and telephone number of
the person requesting the amendment, a description of the error, and the
These are minimum requirements. If the person requesting the amendment is not a party, they should explain their interest in the matter. If they are also appealing the order, applying for judicial review or asking for a review of the order (see Rule 29), this should also be noted in the request.
Assigning an LTB Member to the Request
|28.5||Subject to Rule 28.6, a request to amend an order or other decision will be
considered by the LTB Member or Hearing Officer who issued the order or
decision that is the subject of the request.
The LTB Member or Hearing Officer who issued the original order is in the best position to know the reasons for their findings and the intent of the decision. Therefore, the LTB Member or Hearing Officer who issued the order or decision that is the subject of the request will be responsible for determining whether or not a clerical error was made in the order or decision.
|28.6||Where the LTB Member or Hearing Officer who issued the order or decision that
is the subject of an amendment request is on an extended absence from the LTB,
the request will be considered by the regional Vice-Chair.
This might be the case, for example, where a request to amend a clerical error is received while an LTB Member or Hearing Officer is on vacation, or some other form of leave, or where a request is received after a Member's appointment to the LTB has ended.
Considering the Request
|28.7||In deciding the request the LTB, may:
Ordinarily, the LTB will decide whether or not a clerical error exists in the order or decision based solely on the contents of the request, without seeking submissions from the other parties.
If the LTB determines, with or without seeking submissions, that a clerical error exists in the order or decision, and that it should be amended, an amended order that clearly explains why the order is being changed and what the changes are will be sent to all parties.
Where a decision to deny the request is made without seeking submissions, the LTB will send a letter to the party who made the request, explaining why the request has been denied. If a decision to deny the request is made after seeking submissions, a denial letter will be sent to all parties to the application. Where the decision to deny the request is made after a hearing has been held, an order will be sent to all parties explaining the reasons for the denial.
An LTB Member may find that it is necessary to invite submissions from other parties before making a decision.
In deciding whether or not to seek submissions, the LTB Member should consider whether a party might be prejudiced if the order is amended.
Submissions may be requested in writing, by means of a direction letter, or at a hearing. In some cases, an LTB Member may decide, after considering the written submissions of the parties, that it is necessary to hold a hearing to allow the parties to make further submissions or to clarify the issue(s).
Request to Stay the Order
|28.8||A party may request a stay of the order by setting out in writing the prejudice they
may suffer if the order is not stayed pending the decision regarding the
Generally, a stay of the order will not be necessary unless the amendment request is received late in the process and the LTB Member is unable to deal with the request immediately. For example, if a party believes that an order for eviction due to nonpayment of rent and for the payment of arrears contains an error in the amount owing, and the amendment request is made close to the enforceable date of the order, the tenant may request that the order be stayed so that the landlord cannot enforce the eviction. A stay may also be needed if the LTB Member decides to seek submissions on the request.
When an LTB Member decides to stay an order, they may at the same time require the requester of the amendment to pay an amount into the LTB. See the Interpretation Guideline entitled 'Payment into the LTB'.
If the LTB stays the order, it will ordinarily be stayed until a final decision is made regarding the amendment of the clerical error. However, the LTB Member may at any time decide that the stay is no longer appropriate and revoke it.
|28.9||The LTB may, upon the request of a party or upon its own initiative, stay an order
pending the resolution of a request to amend the order or may revoke a stay,
without obtaining submissions from any party or holding a hearing.
The LTB may decide to stay the order, whether or not a party asks for a stay. At a later stage, it may become apparent that the stay is no longer appropriate, and the LTB would then be authorized to revoke the stay that had previously been ordered.
The reason for not obtaining submissions or holding a hearing before a stay is issued is that it is necessary that the stay be in effect as quickly as possible to protect the status quo while the amendment request is being considered. Without the stay, the order could be enforced, which may render the request meaningless. Since the amendment request will generally be dealt with within a relatively short period of time, it would unduly lengthen the proceedings to add a period of submissions.
Where an order is stayed, the person who might be adversely affected if the order were not stayed is responsible to take a copy of that order to the Court Enforcement Office (see Rule 30.4).
|28.10||If an order is amended to correct a clerical error, the LTB may also amend or update other provisions of the order as necessary.|
|29.1||Any party may ask the LTB to review an order which finally determines the rights of a party. The LTB may make a final determination of rights in a final order, interim order or a decision. A person who is directly affected by a final order may also ask the LTB to review the order.|
|29.2||The LTB may exercise its discretion to review where satisfied the order contains a serious error, a serious error occurred in the proceeding or the person making the request was not reasonably able to participate in the proceeding.|
|29.3||The parties to the request to review are the parties to the order, the person requesting the review, and any other person added to the proceedings by the LTB.|
|29.4||The LTB may review an order on its own initiative where it considers appropriate and will issue directions to the parties with respect to the conduct of the review. The LTB will not consider a party's request to exercise its discretion under this Rule.|
When to Request Review
|29.5||A request to review must be filed with the LTB within 30 days of the date of the order or the date of the amended order.|
|29.6||Where a request is filed late the requesting party must ask the LTB to extend the time for filing the request in accordance with the Rules and provide reasons explaining the delay.|
Content of Request
|29.7||The request to review must be:
|29.8||The request to review must be complete and must include:
|29.9||A party may request a stay of the order as part of the request to review or at any point in the review process. A request for a stay must be in writing and describe any prejudice resulting from a refusal to grant the stay.|
|29.10||The LTB may stay or lift a stay of the order at any point in the review process on the request of a party or on its own initiative, without seeking submissions or holding a hearing. The LTB may include conditions in its order staying or lifting a stay.|
Preliminary Review of Request
|29.11||The LTB will conduct a preliminary review of the request and may:
Review Hearing and Re-Hearing
|29.12||The review hearing may be conducted in person, in writing, by telephone or other electronic means, as the LTB considers appropriate.|
|29.13||Any Member, including the Member whose order is the subject of the request, may be assigned to conduct the review hearing.|
|29.14||If the request is dismissed the LTB will lift any stay and confirm the order under review.|
|29.15||If the request is granted the LTB will identify the issues to be re-heard and, in most cases, the re-hearing will begin immediately. Parties must be prepared to proceed with the re-hearing.|
|29.16||Following the re-hearing the LTB may confirm, vary, suspend or cancel the order, and, if necessary, lift any stay.|
Limits on Further Requests to Review
|29.17||The LTB will not consider a further request to review the original order or the review order from the same requestor.|
|29.18||Another party or directly affected person may request a review of the same order on different grounds.|
Withdrawing a Request to Review
|29.19||A request to review may not be withdrawn without the LTB's consent where it has issued an interim order following a preliminary review or the review hearing has begun.|
There are a number of situations in which an action taken by a party to an LTB proceeding impacts the enforcement of a prior LTB decision. For example, a respondent may file a motion to set aside an ex parte order or make the payment required to void an eviction order.
|30.1||Except where a set aside motion is filed under subsection 74(9), it is the
responsibility of the party who files a set aside motion to immediately take a copy
of the motion and Notice of Hearing to the Court Enforcement Office.
In most cases, the automatic legal effect of filing a set aside motion after an ex parte order has been issued is to stay the order. Before the applicant is notified of the set aside motion, they may take steps to enforce the order; however, once the motion is filed, the applicant cannot enforce the order.
For an eviction order, the respondent should take the set aside motion and Notice of Hearing to the Sheriff's Office after filing the motion with the LTB. For an eviction order which also orders the payment of money, the respondent should take a copy of the motion and Notice of Hearing to the Sheriff's Office and the enforcement offices of the Superior Court of Justice and the Small Claims Court.
However, where a set aside motion is filed under subsection 74(9) about an order which voids an eviction order, there is no requirement to take the motion or Notice of Hearing to the Sheriff's Office. In this case, the order that voids the eviction order remains in effect; there is nothing to be enforced pending the LTB's decision on the set aside motion.
|30.2||Where a notice is issued under subsection 74(5) or subsection 74(16) which
acknowledges that an eviction order is void, it is the responsibility of the tenant
to immediately take a copy of that notice to the Court Enforcement Office.
If a tenant has paid the full amount required to void an eviction order (based on rent arrears) to the LTB, an employee of the LTB will issue a notice acknowledging that the eviction order is void. Once this notice is issued the landlord cannot enforce the eviction order. As soon as the tenant receives the notice from the LTB, they are responsible for taking a copy of it to the Court Enforcement Office (Sheriff).
|30.3||Where an order is issued under subsection 74(6) or under clause (a) of
subsection 74(14) which confirms that an eviction order is void, it is the
responsibility of the tenant to immediately take a copy of that order to the Court
If a tenant has paid the full amount required to void an eviction order based on rent arrears, before the order becomes enforceable, either in whole to the landlord or in part to the landlord and in part to the LTB, and then files a motion in accordance with subsections 74(6) and 74(7) for an order confirming that the order is void, the LTB can issue such an order. Once this order is issued the landlord cannot enforce the eviction order. As soon as the tenant receives the order from the LTB, they are responsible for taking a copy of the order to the Court Enforcement Office (Sheriff).
The same holds true, in most cases, for an order that the LTB issues on a tenant's motion under subsection 74(11) if, after the order becomes enforceable, the tenant pays the amount required under subsection 74(11) to void the eviction order based on rent arrears. However, where the LTB determines that the landlord has already paid a nonrefundable amount to enforce the eviction order, the LTB will specify that the order voiding the eviction will not be effective unless the tenant pays to the LTB a specified amount, by a specified date, to cover the landlord's enforcement costs.
|30.4||Where an order is issued that stays the order under consideration, it is the
responsibility of the person who might be adversely affected if the order were not
stayed to immediately take a copy of that order to the Court Enforcement Office.
For example, if a tenant files a request to review an eviction order and includes a request for a stay, the LTB can issue such a stay under Rule 29.12. Similarly, the LTB can issue a stay under Rule 28.9 related to a request to amend an order. Once the stay is issued, the landlord cannot enforce the original order. As soon as the tenant receives the order from the LTB, they are responsible for taking a copy of the order to the Court Enforcement Office (Sheriff). The LTB is not responsible to ensure that the Sheriff's office receives a copy of the order.
Subsection 74(2) of the RTA states that if the LTB is satisfied that a tenant has paid the sum owing and the application fee to the LTB or to the landlord before the order is issued, the application will be discontinued.
Subsection 74(4) of the RTA states that if an eviction order has been issued but, before it becomes enforceable, the tenant voluntarily pays the amount specified in the order, the eviction order is void. The amount can be paid entirely to the LTB, entirely to the landlord, or in part to the LTB and in part to the landlord. These Rules establish procedures for the payment out of these monies.
Further, subsection 74(11) allows a tenant to void the order after the date the order becomes enforceable but before it is enforced, by paying everything owing, including the Sheriff's fees if applicable. The tenant must file a motion and a hearing will be held to determine if the order is void. A tenant is only allowed to void an eviction order in this manner once per tenancy.
Clause 195(1)(a) of the RTA provides that the LTB may require the respondent to pay a specified amount into the LTB within a specified time where the LTB considers it appropriate to do so. Further, under subsection 195(4), if the respondent fails to pay in as required, the LTB may refuse to consider their evidence and submissions.
Clause 195(1)(b) of the RTA allows the LTB to permit a tenant who has made an application about maintenance to pay some or all of their rent into the LTB. Subsection 195(5) states that if such a payment is allowed, it is not considered to be arrears of rent or a breach of the tenant's obligations.
Subsection 195(2) provides that the LTB may establish procedures for payment into and out of the LTB through these Rules. Interpretation Guideline #2 (Payment into the LTB) provides guidance as to the reasons for which an LTB Member might require payment, as well as what the consequences might be if the respondent fails to follow such a requirement.
Arrears of Rent: Voluntary Payments Made Before an Order is Issued
|31.1||If, before an order is issued, a tenant voluntarily pays money to the LTB which is
at least the amount required to discontinue the application under subsection
74(2) of the RTA, the LTB shall:
Where a landlord files an application to evict a tenant for non-payment of rent, and the tenant pays the rent arrears, any additional rent owing and the landlord's filing fee, the landlord's application will be discontinued and no hearing will be held. The amount that would be required to discontinue the application will be paid out to the landlord. If the tenant has paid in more than enough to discontinue the application, the extra amount will be paid back to the tenant.
Arrears of Rent: Payments Made Before an Eviction Order is Enforceable
|31.2||If, after an order is issued, a tenant voluntarily pays money to the LTB in
accordance with subsection 74(4) of the RTA before the eviction order becomes
enforceable, and the amount paid in is at least the amount that would be required
to void the order according to subsection 74(4), a Regional Manager or Manager,
Customer Service will:
After the LTB has issued an eviction order in a landlord's application based on nonpayment of rent, the tenant has an opportunity to void the order before the date the landlord can enforce it. Where the tenant pays into the LTB an amount that is sufficient to void the eviction order, staff of the LTB will issue a notice acknowledging that the eviction order is void. The staff member will also direct that the amount that the tenant has paid in that would be sufficient to void the order will be paid out to the landlord. Where the tenant has paid in more than enough to void the order, the extra amount will be paid back to the tenant.
|31.3||If, after an order is issued but before it becomes enforceable, a tenant voluntarily
pays money to the LTB in an amount that is less than the amount that would be
required to void the order according to subsection 74(4), and the tenant does not
file a motion under subsection 74(6), a Regional Manager or Manager, Customer
Where an eviction order has been issued based on non-payment of rent, the tenant can void the order by paying the amounts owing to the landlord and/or to the LTB. Where the tenant pays the whole amount to the landlord, or part to the landlord and part to the LTB, the tenant can make a motion to the LTB for an order determining that the full amount has been paid and that the eviction order is void.
Where the tenant pays money into the LTB but it is less than the amount required to void an eviction order and the tenant does not make a motion for an order confirming that the eviction order is void, staff of the LTB will issue a notice to the parties informing them that the amount the tenant paid in was not sufficient to void the order. The staff member will direct that the money that the tenant has paid into the LTB will be paid out to the landlord. The notice and direction will be issued after the date the order can be enforced.
|31.4||If, after an order is issued but before it becomes enforceable, a tenant voluntarily
pays money to the LTB in an amount that is less than the amount that would be
required to void the order according to subsection 74(4), and the tenant files a
motion under subsection 74(6), the LTB will, at the time of issuing an order on the
motion, direct payment out to the landlord of any monies paid in.
Where the tenant makes a motion to the LTB for a notice confirming that the eviction order is void, but the amount that the tenant has paid in to the LTB is not sufficient to void the order, the LTB will direct that any monies paid into the LTB will be paid out to the landlord when it issues an order on the tenant's motion.
Arrears of Rent: Payments Made After Eviction Order Enforceable
|31.5||If, after an order becomes enforceable, a tenant voluntarily pays money to the
LTB in an amount that is at least the amount that would be required to void the
order and the tenant files a motion under subsection 74(11), a the LTB will, at the
time of issuing an order on the motion:
Even after the date an eviction order can be enforced, a tenant has an opportunity to void the order. Where a tenant pays to the LTB an amount that is sufficient to void the eviction order and makes a motion to set aside the order, the LTB will issue an order declaring that the eviction order is void. The LTB will, at that time, also direct that the amount that would be sufficient to void the eviction order be paid out to the landlord; any extra amount that the tenant paid into the LTB will be paid out to the tenant.
|31.6||If, after an order becomes enforceable, a tenant voluntarily pays money to the
LTB in an amount that is less than the amount that would be required to void the
order, and the tenant files a motion under subsection 74(11), the LTB will, at the
time of issuing an order on the motion, direct the money to be paid to the
Where a tenant makes a motion to the LTB to set aside an eviction order after the date the order can be enforced, and pays money to the LTB, but the amount is not sufficient to void the eviction order, the LTB will lift the stay of the eviction order resulting from the tenant's motion. This means that the landlord will be able to enforce the eviction order. The LTB will direct that the money the tenant has paid in to the LTB be paid out to the landlord.
|31.7||If, after an order becomes enforceable, a tenant voluntarily pays money to the
LTB but does not file a motion under subsection 74(11) a Regional Manager or
Manager, Customer Service will:
Where a tenant pays to the LTB an amount to void the eviction order but does not make a motion to set aside the order, staff of the LTB will direct that the money be paid out to the landlord and will issue a notice to the parties informing them of the amount that was paid. The notice will also set out that the order is not void.
|31.8||If a tenant pays to the LTB at least the amount specified pursuant to subsection
74(15) (enforcement costs) in an order issued under subsection 74(14) by the date
set out in that order, a Regional Manager or Manager, Customer Service will:
Where a tenant makes a motion to the LTB to set aside an eviction order after the enforceable date in the order, a hearing will be held. The LTB will determine whether the eviction order is void because the tenant has paid the required amounts and whether the landlord has paid any non-refundable enforcement fees with respect to the eviction order. Where the LTB determines that the tenant has paid the required amounts and that the landlord has paid enforcement fees, the LTB will issue an order setting out that the eviction order is void, provided that the tenant pays an amount into the LTB to cover the enforcement fees by a specified date. Where the tenant pays that amount into the LTB by the date set out in the order, staff of the LTB will issue a notice acknowledging that the eviction order is void. The staff member will also direct that the amount the tenant has paid in to cover the enforcement costs will be paid out to the landlord; if the tenant has paid more than the required amount, any excess will be paid back to the tenant.
|31.9||If an order is issued under subsection 74(14) that specifies an amount payable
pursuant to subsection 74(15), and the tenant does not pay this specified amount
into the LTB by the date set out in the order, a Regional Manager or Manager,
Customer Service will:
Where the LTB determines that the tenant has paid the amounts required to void an eviction order after the enforcement date, the LTB Member can order the tenant to pay into the LTB an amount to cover the costs the landlord has incurred to enforce the eviction order. Where the tenant does not pay the full amount by the deadline in the LTB's order, staff of the LTB will issue a notice informing the parties that the eviction order can be enforced. The staff member will also direct that any money the tenant has paid in will be paid out to the landlord.
|31.10||If a respondent pays money into the LTB in accordance with an LTB direction or
order of, the LTB will direct payment out at the time of issuing an order.
If a respondent pays money into the LTB as a result of a direction or order requiring them to pay in that amount, the applicant is not entitled to have the money paid out to them in advance of an order being made. The requirement to pay into the LTB may have arisen because of a delay of the hearing, and was in the nature of security for payment of any amount which the LTB decides should be ordered against the respondent. Thus, payment out to the applicant would be premature before the hearing is completed and an order is issued. Payment out would be in accordance with the amount determined to be owing in the order.
Payment In on Maintenance Applications
|31.11||Unless the tenant's request under clause (b) of subsection 195(1) is made at the
hearing, it must be in writing, and must specify:
When a tenant makes an application to the LTB about maintenance, they can also make a request to pay their rent into the LTB. The tenant can make this request orally at the hearing. At any other point in the application process, this request must be made in writing. To make the request in writing, the tenant should use the form approved by the LTB; however, a letter will be sufficient if it at least contains the information required by this rule. The form or letter must be signed by the person making the request or their representative.
|31.12||If the tenant's request under clause (b) of subsection 195(1) is made before the
hearing for the application starts, the request will be decided ex parte.
Where a tenant makes a request to pay their rent into the LTB on a maintenance application before the start of the hearing, the LTB Member will make a decision on the request without seeking submissions from the other parties.
|31.12.1||Where the LTB has denied a tenant's request to pay in under Rule 31.12, no
subsequent request from the tenant to pay into the LTB will be considered before
the hearing for the application starts.
If a tenant asks to pay into the LTB on a maintenance application before the start of the hearing, an LTB Member will decide whether or not to grant the request. If the request is denied, the tenant may not make another such request before the start of the hearing.
|31.13||If the tenant's request under clause 195(1)(b) is made after the hearing for the
application starts, the LTB Member hearing the application will decide whether or
not to grant the request ex parte or after receiving submissions (oral or written)
from the other parties.
For information on when the LTB considers it appropriate to allow a party to pay money into the LTB, see the Interpretation Guideline #2, "Payment into the LTB".
|31.14||If an LTB decides to allow the tenant to pay some or all of their rent into the LTB, the LTB will issue an interim order which will be sent to all parties to the application.|
|31.15||If a tenant pays their rent into the LTB pursuant to an interim order issued under Rule 31.14, the LTB Member will direct payment out at the time of issuing an order, or if the application is resolved by mediation, the Mediator will direct payment out under rule 13.8.|
|32.1||Subject to the discretion of the LTB at an LTB hearing a party's legal
representative appearing on behalf of a party may be both an advocate and a
The Law Society of Upper Canada's Rules of Professional Conduct provide that, subject to the discretion of the tribunal, a lawyer or paralegal shall not appear as both an advocate and a witness in the same proceeding unless the matter is purely formal or uncontroverted, or, the tribunal's rules of practice allow for a lawyer or paralegal to be both an advocate and a witness.
The LTB's practice is generally, in the absence of an objection, to allow a legal representative to be both a witness and an advocate in the same proceeding. On a challenge by a party, or in the exercise of the LTB's discretion, an LTB Member, in making a decision whether to permit or to refuse a party's legal representative to be both an advocate and a witness in the same proceeding, will consider a number of factors including, the type of application, whether the hearing is contested, the nature of the evidence proposed to be given, the potential prejudice to a party, and the reasons given by the party's legal representative appearing as an advocate who seeks the LTB's permission to give evidence in the proceedings.
Even where the LTB allows a legal representative to be both a witness and an advocate in the same proceeding, the LTB will consider the weight to be given to the evidence.
This Rule applies to the LTB's "L1/L9 Application - Information Update as of the Hearing Day" form (the L1/L9 update form) and the process that landlords must follow when completing and submitting this form.
The L1/L9 update form was developed to make the hearing process more efficient and timelier. The L1/L9 update form provides information to the LTB, current to the hearing date, about changes that may have occurred that will affect the landlord's application. For example, the tenant may have made payments to the landlord since the landlord filed the application, or the tenant may owe the landlord additional rent - these changes would be indicated on the L1/L9 update form.
The completed L1/L9 update form will be placed onto the application file and will form part of the LTB's record of the proceeding.
|33.1||Except as provided for in Rule 33.5, on an application by a landlord to the LTB for
an order to:
|33.2||The information provided on the L1/L9 update form must be accurate as of the
The L1/L9 update form provides the LTB with an update of the information contained in the landlord's application that might have changed since the landlord filed the application. Therefore, the information provided must be updated to the date of the hearing.
|33.3||The landlord must bring three copies of the L1/L9 update form to the hearing -
one copy to be retained by the landlord, one copy to be provided to the LTB, and
one copy to be provided to the tenant(s).
At the hearing, the landlord must provide a copy of the L1/L9 update form to the LTB for its record of proceedings and to the tenant for his or her information. The landlord must also have their own copy to refer to should the tenant or the LTB have questions about the information contained in the form.
|33.4||If a landlord does not complete and provide copies of the L1/L9 update form as
required by this Rule, the LTB may direct the landlord to complete the form and
provide the required copies to the LTB and the tenant(s) before the LTB will hear
If a landlord has not completed the form or provided copies as required by this Rule, the LTB may stand the hearing down, direct the landlord to complete and make copies of the form, and proceed to hear another matter or matters in the hearing block. After the landlord has completed the form, made copies and provided copies to the LTB and to the tenant(s), the application will be heard later in the hearing block, time permitting.
|33.5||Where an L1 or L9 application will be heard by way of an electronic hearing, the
landlord must submit the L1/L9 update form, in an electronic version to the LTB
on the day of the hearing, prior to the commencement of the hearing.
Unlike an oral hearing where the parties appear before the LTB in a single hearing location, the parties to an electronic hearing (a telephone or videoconference hearing) are generally participating in the hearing from different locations. Accordingly, in most cases it will not be possible at the hearing for the landlord to share with the LTB and the other party(ies) a hard copy version of the L1/L9 update form.
In these situations, the landlord must, prior to the scheduled start time of the electronic hearing, send the L1/L9 update form, via email, to the email address that the LTB has provided to the landlord. If the L1/L9 update form is completed electronically, it will be deemed to have been signed by a landlord if they type their name in the appropriate field of the document. If the L1/L9 update form is handwritten, or typed, and sent as a scanned attachment to the email, it must be signed by the landlord.
If the landlord is unable to send the L1/L9 update form to the LTB on the day of the hearing by email, the landlord may send the L1/L9 update form electronically, by fax, to the LTB office that is responsible for hearing the application. The fax number for the appropriate LTB office is provided to the landlord by the LTB on the instruction sheet which contains the LTB's email address.
Where the landlord does not provide the L1/L9 update form electronically prior to the commencement of the hearing as required by this Rule, the LTB will direct the manner in which the landlord must provide the information.
The landlord must also be prepared to orally provide to the LTB and the other party(ies), the information set out on the L1/L9 update form.
Other than in the case of a landlord filing an L1/L9 update form in accordance with these Rules, a person cannot send any other documents electronically to the email address provided by the LTB, unless the LTB has authorized that person to file the documents by email. The LTB will not accept for filing or for the LTB's consideration, any unsolicited or unauthorized documents that are submitted electronically to the email address which has been provided to a landlord solely for the purpose of receiving an L1/L9 update form in situations where the landlord will be participating in the hearing by telephone or videoconference.
These Rules apply to applications by Non-Profit Housing Co-operatives filed under Part V.1 of the Residential Tenancies Act, 2006. The Social Justice Tribunals Ontario Common Rules of Procedure and the Landlord and Tenant Board's Rules of Practice also apply to proceedings relating to these applications, with the following exceptions: Rules 5,6,8,10,11, 12, 20, and 33.
Application under Part V.1
|34.1||An application under Part V.1 of the Residential Tenancies Act, must be filed using the appropriate LTB form. The complete application must provide information requested in each section of the application Form and set out all facts not set out in the Notice of Termination (where applicable), but on which the applicant intends to rely.|
|34.2||The application must include a signed declaration from a person with authority to bind the applicant certifying that the respondent's occupancy rights were terminated in accordance with the requirements of s. 171.8 of the Co-operative Corporations Act.|
Service of Application and Notice of Hearings:
|34.3||The applicant must serve the Notice of Hearings, as well as a complete copy of the application, on the respondent as soon as possible, but no later than seven days after receiving the Notice from the LTB.|
|34.4||In addition to the methods of service prescribed under s. 191 (1.1) of the Residential
Tenancies Act, the applicant may serve the Notice of Hearings and application by:
|34.5||A Certificate of Service, signed by the individual who served the documents, must be filed with the LTB as soon as possible but no later than five days after delivery of the Notice of Hearings to the respondent.|
|34.6||If a notice or document is delivered to another person by courier, it is deemed to be given on the day following the day it was given to the courier but, if that is a nonbusiness day, it is deemed to be given on the next business day.|
|34.7||A respondent must complete a Response to a Co-op Application responding to all allegations in the application and including any additional facts and issues that the respondent intends to raise at the hearing.|
|34.8||The Response must be filed with the LTB and served on the applicant as soon as possible, but no later than the date specified in the Notice of Hearings.|
|34.9||A Certificate of Service, signed by the individual who served the Response, must be filed with the LTB as soon as possible but no later than five days after delivery of the Response to the applicant.|
|34.10||Where no Response is filed, the respondent may be deemed to have accepted all of the facts and allegations in the application and the LTB may decide the application based only on the material before it.|
Service of Response:
|34.11||In addition to the methods of service prescribed under s. 191 (1.1) of the Residential
Tenancies Act, the respondent may serve the response on the applicant by:
Filing Documents With the LTB:
|34.12||An application and Certificate of Service for the application and Notice of Hearings must be filed with the LTB by e-mail at co-opprocessingLTB@ontario.ca. An applicant who does not have access to e-mail must contact the LTB Co-op application processing office and request an alternative method of filing.|
|34.13||A Response and a Certificate of Service for the response may be filed with the LTB by e-mail, mail, fax or in person at an LTB or Service Ontario office.|
|34.14||Filing a document by e-mail is effective on the day the e-mail was sent.|
Service on Parties:
|34.15||Service of any document, other than the application and Notice of Hearings referenced in Rule 34.3, by e-mail, is permitted where the person receiving the document has consented to e-mail delivery and provided an e-mail address.|
|34.16||When serving documents by e-mail the sender must include a cover page with:
|34.17||Serving a document by e-mail is effective on the day the e-mail was sent.|
Adjournment of Hearings:
|34.18||Requests to adjourn a Case Management Hearing will only be considered in
exceptional circumstances. Where a party asks the LTB to adjourn a hearing, the LTB
will consider all relevant factors, including:
|34.19||Where 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, including denying any further adjournment requests unless there are exceptional circumstances, requiring payment of money to the LTB and ordering costs.|
|35.1||Requests for a fee waiver must be made using the LTB's "Fee Waiver Request Form".|
|35.2||Fee waivers will be granted where:
Direction to Attend
|36.1||A Case Management Hearing may be conducted by a Member or a Hearing Officer for any LTB application.|
|36.2||Where a Hearing Officer is conducting a Case Management Hearing, the Hearing Officer has all the powers of a Member as set out in the LTB Rules of Practice.|
|36.3||Where the parties settle all issues, the LTB will issue an order incorporating the settlement and disposing of the application.|
|36.4||At the Case Management Hearing the parties may settle some or all the issues in
dispute. Where the application is not settled the LTB may make case management
Failure to Attend the Case Management Hearing
|36.5||If the applicant fails to attend the Case Management Hearing, unless there are exceptional circumstances, the application may be dismissed as abandoned.|
|36.6||If the respondent fails to attend the Case Management Hearing, 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.|
Settlement Discussions Confidential
|36.7||All settlement discussions are confidential and may not be raised before the LTB or in other proceedings, except with the permission of the person who gave the information.|
Authority to Settle
|36.8||Parties and their representatives must have authority to participate in all aspects of the Case Management Hearing including the ability to agree to a settlement or to obtain instructions about settlement during the course of the Case Management Hearing.|
|Atikokan||108 Saturn Avenue|
|Aurora||50 Bloomington Road West|
|Aylmer||615 John Street North|
|Bancroft||50 Monck Street|
|Barrie||34 Simcoe Street|
|Belleville||199 Front Street, Unit 109|
|Blind River||62 Queen Avenue|
|Brampton||1 Gateway Boulevard|
|Brockville||7 King Street West|
|Chapleau||190 Cherry Street, Main Floor|
|Cochrane||143 Fourth Avenue|
|Cornwall||72014th Street West, Unit 2|
|Dryden||479 Government Road|
|Elliot Lake||50 Hillside Drive North|
|Espanola||148 Fleming Street, Suite 2|
|Fort France||922 Scott Street|
|Geraldton||208 Beamish Avenue West|
|Goderich||38 North Street|
|Gore Bay||35 Meredith Street|
|Guelph||1 Stone Road West|
|Hamilton||119 King Street West, 6th Floor|
|Hawkesbury||179 Main Street East, Suite C|
|Hearst||613 Front Street|
|Huntsville||207 Main Street West|
|Ignace||Highway 17 and Highway 599|
|Iroquois Falls||33 Ambridge Drive Main Floor|
|Kapuskasing||122 Government Road West|
|Kemptville||10 Campus Drive|
|Kenora||220 Main Street South|
|Kingston||1201 Division Street|
|Kirkland Lake||10 Government Road East|
|Kitchener||30 Duke Street West, 2nd Floor|
|Lindsay||322 Kent Street West|
|London||100 Dundas Street|
|Manitouwadge||40 Manitou Road|
|Marathon||52 Peninsula Road, Centre Block Suite 105|
|Milton||2800 Highpoint Drive, 2nd Floor|
|Minden||12698 Highway 35|
|Moosonee||34 Revillion Road|
|New Liskeard||280 Armstrong Street|
|Nipigon||5 Wadsworth Drive|
|North Bay||447 McKeown Avenue, Unit 111|
|Ottawa||110 Laurier Avenue West|
|Owen Sound||1400 First Avenue West, Unit 2|
|Parry Sound||7 Bay Street|
|Pembroke||400 Pembroke Street East|
|Peterborough||330 Water Street|
|Rainy River||334 Fourth Street|
|Red Lake||227 Howey Street|
|Renfrew||316 Plaunt Street South|
|Sarnia||150 Christina Street North|
|Sault Ste. Marie||420 Queen Street East|
|Simcoe||50 Frederick Hobson V.C Drive, Unit 201|
|Sioux Lookout||62 Queen Street|
|St. Catharines||301 St. Paul Street East|
|Stratford||5 Huron Street|
|Sturgeon Falls||94 King Street, Unit 8|
|Sudbury||199 Larch Street, Suite 300|
|Terrace Bay||1004 Hwy 17, Main Floor|
|Thunder Bay||114-435 S. James St.|
|Timmins||The 101 Mall, 38 Pine St N, Suite 110|
|Toronto (Central)||777 Bay Street, Suite M212, Market Place|
|Tweed||255 Metcalf Street|
|Wawa||48 Mission Road|
|Whitby||590 Rossland Road East|
|Windsor||400 City Hall Square East, Unit 205|
Solicitors' Fees and Disbursements Allowable Under Rule 58.05 of the Rules of Civil Procedure: Disbursements
Attendance Money Allowed pursuant to Rule 53.04(4) of the Rules of Civil Procedure
Attendance money actually paid to a witness who is entitled to attendance money, to be calculated as follows: