The Landlord and Tenant Board will Review Your Application
Once the Landlord and Tenant Board (LTB) gets your forms, they will look them over. If they find any errors, or if they need more information from you, they will send the forms back to you.
If your form is ready to be submitted, the LTB will schedule a hearing.
The LTB will send you a Notice of HearingNotice of Hearing: the letter that the Board will send an applicant once they have scheduled a date and time for the hearing. that includes the following information:
- The type of application you have filed (which of the 11 forms you used)
- The purposePurpose: The specific issues to be resolved. of the hearing
- The type of hearing that will be held (oralOral: When everyone involved meets in person for a hearing., writtenWritten: Where the evidence is provided in written form for the hearing the opponents do not attend. or telephone hearingTelephone Hearing: When the parties attend the hearing by teleconference.), and
- The date, time and place of your hearing
Serving the Respondent
You must give a copy of each form to the respondentRespondent: the person who is on the opposite side of the person filing an application to the board, which is called “serving” the respondent. You will receive 2 copies of the application form and 2 copies of the Notice of HearingNotice of Hearing: the letter that the Board will send an applicant once they have scheduled a date and time for the hearing.. If there is more than one respondent, you must make enough copies to give to each respondent.
Deadlines for Serving the Respondent
There are different deadlines for serving the respondent once you receive your Application and Notice of Hearing from the LTB. The deadline for serving the respondent with these documents depends on the type of form. The LTB has a chart on their website to help you figure out the deadline to serve the respondent.
It is important to follow the deadlines set by the LTB. If a deadline is not followed, your application can be cancelled or delayed.
How Do You Serve the Respondent?
You can serve the documents yourself or through another person.
If You are Serving a Landlord
The LTB’s website has a chart explaining how to serve the respondent. You can view this chart on the website. It is important to meet the right deadline for your kind of application. You can give the documents to the landlord, an employee of the landlord or a property manager. To serve the documents to a person’s agentAgent: a person who acts or speaks in the place of another person. An agent can be a lawyer, or a non-legal person, but they must have been asked to act on behalf of another person., you can serve that individual by mail, fax, or courier.
Filing a Certificate of Service
After you have given the Application and Notice of Hearing form to the landlord by whatever method you choose, you have to let the LTB know how and when you gave the form to the landlord, by sending the LTB a Certificate of ServiceCertificate of Service: a letter from the applicant to the board once the documents are served to the respondent. The Certificate of Service tells the board that the respondent was given all of the documents needed for the board hearing. within 5 days after the documents were served. You will get more information about the Certificate of Service in the application package you receive from the LTB.
How Do You Prepare for and Carry Out Your Hearing?
Types of Hearings
Video from the Landlord and Tenant Board website.
There are 3 different types of hearings: Oral, written, and electronic.
- Oral: Most often, there is an oral hearing, in which the parties will meet in person with the LTB MemberBoard Member: a person from the board who listens to both sides of the story, and makes a final decision on the case for the hearing.
- Written: In a written hearing, the parties each send a letter to the LTB telling their side of the story, including the factsFacts: Undisputed information related to the case. and evidenceEvidence: a letter, picture, document, or anything else that is related to your case that may help prove your side of the story. Information provided by a witness who has promised to tell the truth can also be evidence to help you prove your side of the story. that support their story. The LTB will make a decision after looking over the letters and evidence.
- Electronic: In an electronic hearing, the LTB will schedule a telephone or video conference, where each side will speak about their case to the LTB Member.
Representatives or Witnesses at Your Hearing
- You are allowed to bring a representative to your hearing, such as a lawyer, a friend or a relative. If that person is not a lawyer, you must write to the LTB to let them know who will be representing you.
- You can also bring a person to act as a witnessWitness: Persons under oath who answer questions and make questions before the panel in order to help resolve the issues in question. to the hearing. If you are thinking of bringing a witnessWitness: Persons under oath who answer questions and make questions before the panel in order to help resolve the issues in question., you must ask that person before the hearing date.
Preparing your Evidence
- Gather and prepare the evidenceEvidence: Letters, pictures, documents, or anything else that is related to your case that may help prove your side of the story. Information provided by a witness who has promised to tell the truth can also be evidence to help you prove your side of the story. you want to use at the hearing before your hearing date. Your evidence should help prove your side of the story.
- Bring 3 copies of any evidence to the hearing: 1 for the LTB member, 1 for the respondent and 1 for you.
Language
Hearings are usually carried out in English. French-language hearings can be held if:
- The applicant asks for the hearing to be in French or if the application was filed in French; and
- The address of the rental unit or the address of the party asking for French language services is in an area where the French Language Services ActFrench Language Services: a law that describes the rules for when a government program must also be provided in French. applies.
If both of the above apply to you, you should tell the LTB as soon as possible. The LTB will provide a French interpreter at your hearing. The LTB will also try to schedule a French-speaking member for the hearing.
The LTB will not translate or pay for the translation of any documents that have been filed.
Interpreters for Languages other than French
- The LTB does not provide interpreters at the hearing for languages other than French. If you cannot speak with the MemberMember: The person at the hearing who works for the Tribunal and will be in charge of the hearing. This person will hear all of the information presented at the hearing, and will make a final decision on the case. or a party in English or French, you will have to bring an interpreter to the hearing with you.
Sign Language
- If you have a hearing disability, you must write to the LTB to let them know. The LTB will arrange for the services of a sign language interpreter and will pay for this service.
Human Rights Accommodations under the Human Rights Code
- The Board is guided by 3 pieces of accessibility legislation: the Ontario Human Rights Code, the Ontarians with Disabilities Act, and the Accessibility for Ontarians with Disabilities Act.
What Does This Mean?
- This means that the LTB must follow these 3 pieces of legislation since they are law. The LTB cannot discriminateDiscriminate: to treat somebody differently against a person based on the grounds (reasons) in the Human Rights Code. The grounds are: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status and disability.
- If you are an applicant with a disability, you can ask the LTB to make special arrangements for you by telephone, fax or mail. If you are making your request in writing, you must fill out a form called Additional Services Available to You at Your Hearing.
- For more information about asking for accommodation, please see the LTB’s Policy on Accessibility and Human Rights. Copies of the LTB’s policy are also available at all LTB’s regional offices. You can also ask for a copy of this policy in braille.
Help for Tenants: Duty Counsel Services
- To help prepare tenants for a hearing, the LTB offers a service called Tenant Duty Counsel Services.
- Tenant Duty Counsel Services refers to a person to help a tenant during the hearing. This service is available at all LTB locations. Tenants do not need an appointment to get help.
- If you want help, you should arrive for the hearing early, so that there is time for you to see the Tenant Duty Counsel.
Mediation
- If the LTB thinks your case is one that can be resolved through a mediationMediation: a process or resolving a problem where both sides come together to try to find a solution. Mediation can only happen if both parties agree to it. session, they will send you information on mediation by mail once they receive your application.
- Mediation sessions offer a more relaxed environment than formal LTB hearings. A mediator who works for the LTB will work with both sides to try to find an agreement on their problem.
- Mediation is optional; this means that it can take place only if both the tenant and the landlord agree to it. If one side does not want to go to mediation, a LTB hearing will take place instead.