2. Challenge your landlord’s version of events

At the hearing, the LTB member must decide what they believe happened. If you don't agree with your landlord's version of events, you must present evidence for what you say really happened.

For example, your landlord might blame you for something that you didn't do. You might be able to show that it's likely that someone else was responsible. Or your landlord might claim that some event was worse or more serious than you say it was.

After hearing the evidence from you and from your landlord, the LTB member makes a decision.

Find evidence

If you disagree with what the landlord says you did, try to find evidence to prove that you did not do it. Some examples of evidence are:

• proof that no one was in your apartment at the dates and times that the complaints relate to – for example, you might have receipts to show you were travelling
• neighbours who can say that you didn't do what the landlord says you did
• witnesses who can say that someone else did the illegal act
• a police report that says you didn't do anything wrong

You must send any evidence you want to use to your landlord and the LTB at least 7 days before your hearing.

Hearsay (“second-hand”) evidence

Often, the landlord's case is based on evidence from people who are not at the hearing. You can ask the LTB member not to give much importance to that evidence because it is “hearsay”.

Hearsay means a witness is repeating what someone else told them, not what the witness actually saw or heard. It is like “second-hand” evidence. For example, the landlord might say that another tenant saw you doing something.

The LTB can allow hearsay evidence, but you can argue that they should not evict you based on hearsay. This is because stories can change when they are repeated by someone else. And it is not fair that you don't get the chance to question the person to try to show that what they are saying might be mistaken or untrue.