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I filed an application to the Landlord and Tenant Board. How do I present my case at the hearing?

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I filed an application to the Landlord and Tenant Board. How do I present my case at the hearing?
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Advocacy Centre for Tenants Ontario (ACTO)
Landlord and Tenant Board (LTB)

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I filed an application to the Landlord and Tenant Board. How do I present my case at the hearing?
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Reviewed: 
October 31, 2016
Answer

If you filed an application and you have not been able to resolve your problem by talking to your landlord or by going to mediation, a member of the Landlord and Tenant Board will hold a hearing to decide what should happen.

A hearing at the Board is like a court case, but less formal.

At the hearing you have to prove that your landlord didn’t follow the law or the tenancy agreement. You do this by asking witnesses questions and giving evidence to the Board.

Your landlord will give their side of the story by also using witnesses or evidence.

Your landlord has the right to question your witnesses and evidence. And, you have the right to question your landlord’s witnesses or evidence. 

After listening to all the witnesses and looking at the evidence from you and from your landlord, the Board member will make a decision. They will write that decision in an Order.

Get legal advice

It can be hard to present a case at the Board. If you need legal advice or help at your hearing, there are places to get legal help.

Or you can talk to Tenant Duty Counsel. Tenant Duty Counsel are lawyers and community legal workers at the Board who give legal advice and may be able to help you if you do not have a lawyer or legal worker.

Types of hearings

There are 2 types of hearings when tenants apply to the Board.

Oral hearings are held in person. You and the landlord must come to the location given in the Notice of Hearing. Most Board hearings are oral hearings.

You must bring any documents, witnesses, or other evidence that you have to your hearing.

Oral hearings are almost always public. This means that other landlords and tenants or members of the public could be watching your hearing.

Electronic hearings are sometimes scheduled by the Board when the rental unit is in a rural or remote location. They can be held by telephone or videoconference.

You and the landlord must send any documents or other evidence to the Board and to each other before the hearing.

All Board hearings are recorded. The recording is not available to the public but you or your landlord can order a copy if you need it.

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