Introduction to Landlord and Tenant Board Proceedings

Has your Tenant filed against you at the LTB
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In early 2021, Sage Living was advised by the Landlord and Tenant Board that management companies such as Sage Living are no longer able to represent Landlords at LTB hearings. This affects all third-party rental management companies in Ontario.

Groups like Sage Living cannot complete an LTB application on your behalf, nor represent you at the LTB hearing, but we can provide support for our Landlords during the process.

We’ve simplified some of the LTB’s complex terms and information below. Please review and feel free to reach out if you have additional questions or concerns.

We encourage you to bookmark this page so you may refer back to this guide at any time.


1. The Tenant has Filed Against Me, What Does This Mean?

In Ontario, tenants have the ability to file against their landlord for a variety of reasons. We have included information on the most common applications below:

 


Form Concern Resources

T2 Application About Tenant Rights Guideline 6: Tenant Rights

Guideline 19: The Landlord’s Right of Entry into a Rental Unit


T6 Standard of Maintenance Brochure: Maintenance and Repairs

Guideline 5: Breach of Maintenance Obligations


T1 Monetary Dispute Instructions: T1


T3 Request Rent Reduction Brochure: A Guide to the Residential Tenancies Act


 

2. How do I receive the details of this application?

Upon submission of an application, the Landlord and Tenant Board will notify all parties added to the application as a respondent (the person or company the application has been filed against) via mail or email. All notices received by Sage Living will be forwarded via email to the relevant parties. 

Within the initial notice provided by the Landlord and Tenant Board, you will be provided with the following details: 

  • File Number 

  • Concerning Rental Address

  • Type of Application 

  • Date Submitted 

You will also be invited to visit the Tribunals Ontario Portal to review a copy of the application, upload your evidence, and access additional details related to the file. 

If you already have a Tribunals Ontario Portal account, please follow the steps below: 

  • Login to Tribunals Ontario Portal at link

  • Click on “link my Account to a File at LTB”

  • Input the File number as shown on the LTB notice 

  • Input your unique one-time pin as shown on the LTB notice 

If you do not have a Tribunals Ontario Portal account, please follow the steps below: 

  • Visit the following link and click on “Create an account

  • Create an account using your email address

  • Verify your email address by clicking on the verification link sent to your email

  • Login to Tribunals Ontario Portal at link

  • Click on “link my Account to a File at LTB”

  • Input the File number as shown on the LTB notice 

  • Input your unique one-time pin as shown on the LTB notice 


3. notice of hearing

Once the application has been filed with the Landlord and Tenant Board it will be reviewed and added to the case management system. Applications are processed according to the date they are received. 

After the application has been accepted, the Landlord and Tenant Board will send you and the tenant a Notice of Hearing which will include the following:

  • The type of application files

  • The purpose of the hearing 

  • The type of hearing that will be held (videoconference or phone) 

  • The date, time and type of hearing 

The Landlord and Tenant Board will only serve a copy of the application and the Notice of Hearing. The LTB will not serve any documents or photos that you want to use as evidence to support your application. All parties must provide the other parties with a complete copy of the evidence they intend to rely upon at least 7 days before the hearing. 

Please see item #5 for more information on providing evidence to the Landlord and Tenant Board. 


4. Selecting representation

Once you are informed that an application has been filed against you, it's time to complete preparations for the hearing.  Sage Living encourages Suite Owners to select representation prior to completing further preparations for the hearing. 

If you do not feel confident self-representing yourself at the hearing, you may want to consider retaining a paralegal. Suite owners have the option to retain Small Matters Paralegal – a firm highly experienced in residential tenancy law – should they require legal assistance during Landlord and Tenant Board procedures. Suite owners are also welcome to use another legal representative of their choosing or self-represent at the Landlord and Tenant Board. Paralegal fees typically begin at $150 and may be increased depending on the complexity of the case.


5. Providing Evidence 

Regardless of the representation you choose, it's important to submit evidence to the Landlord and Tenant Board to support your argument. 

Parties who have a file on the Tribunals Ontario Portal should upload documents and evidence for their application using the new system. Files on the Tribunals Ontario Portal begin with LTB (e.g. LTB-L-000420-21).

Parties not using Tribunals Ontario Portal are encouraged to submit evidence by email to LTB.Evidence@ontario.ca. If you are unable to submit your evidence via email, you can mail or courier it to the address identified in the Notice of Hearing. 

The LTB must receive evidence and submissions by the following deadlines:

  • Evidence and submissions must be submitted at least 7 days before the hearing

  • Reply evidence and submissions (that are “replying” to the other party’s evidence) must be submitted at least 5 days before the hearing

  • Evidence must be discussed and asked to be entered on the hearing date – just because you filed it, does not make it evidence. Depending on the situation, you may not need to use it during the hearing


6. the hearing date

Before the hearing begins, make sure to prepare all of the documents you wish to reference. Please refer to the Notice of Hearing page wherein it explains what time to sign in and how. We suggest having a copy of the Notice of Hearing, and any evidence that you wish to present. Regardless of the type of hearing (videoconference or phone), you will be asked to reference the file number, which can be found on the top-right hand side of your Notice of Hearing. 

Your hearing will likely be scheduled to begin at 9:00 AM. Prior to the hearing, all parties will have the opportunity to speak with a mediator. This provides a platform for tenants and landlords to speak with a neutral party to see if both sides can find a solution to the problem without speaking to a judicator. If parties refuse mediation or are unable to come to a mutual agreement, the hearing will proceed as scheduled. 

It is helpful to note that you may be waiting for your hearing until late afternoon, and if judicators are unable to attend to your matter prior to day end, your hearing will likely be adjourned to a later date. 


7. the order

The member who hears the applications will make the final order. The order tells the parties in writing what the member has decided and may describe terms or conditions that a party must follow. Usually, the Landlord and Tenant Board will mail a copy of the order to all of the parties' names in the application and their legal representation if applicable. 

There are four common types of orders: 

  • Interim Order: is an order that tells a party to do something, or decides part of the application, before the final order is issued

  • Ex-parte Order: is made when the member reviews the documents filed by the applicant and makes a decision without notifying the respondent 

  • Hearing Order: a member issues a hearing order 

  • Consent Order: The LTB can issue a consent order when:

  1. a tenant and a landlord have settled their dispute through an agreement and ask for the terms of the settlement to be put into a consent order. The terms of a consent order (e.g. a tenant agrees to move out of the apartment on a specific date) can be enforced by the court.

  2. a landlord files an application to evict a tenant for non-payment of rent (Form L1) or for arrears of rent (Form L9) if:

    • the landlord and tenant work out a payment plan, and

    • a copy of the written payment plan is filed with the LTB before the hearing.

In this case, no hearing is held and the consent order is based on the payment plan that the landlord and the tenant have agreed to.

Review the order once it is received to ensure accuracy. Any clerical issues can be amended by notifying the Board. If you disagree with an order you have 30 days to file a review. Please read up on reasons for a review before filing.


8. voiding an ltb order

An eviction order issued by the LTB for non-payment of rent usually allows the tenant to void the order by paying all the money they owe by the deadline in the order.

If the tenant pays the landlord the money they owe before the deadline, the tenant can file a Tenant's Affidavit and Motion to Void an Eviction Order for Arrears of Rent. A member will decide if the eviction order is void without holding a hearing. 

If the tenant pays all the money owed after the deadline, the tenant can file a Tenant's Affidavit and Motion to Void an Eviction Order for Arrears of Rent. In this case, a member will hold a hearing to decide if the eviction order is void.


9. enforcement of an ltb order

Most of the terms and conditions of LTB orders can be enforced through the courts. For example, if the tenant does not move out of the rental unit by the date in the eviction order, the order can be filed with the Court Enforcement Office (also known as the Sheriff’s office) to be enforced. An order for payment of money can be filed with the Small Claims Court for enforcement.


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