Can You Record an LTB Hearing?

The general rule on recording LTB hearings

A common question before an LTB hearing is whether a party can record it themselves, either as a backup for their own memory or as a safeguard in case of a dispute about what was said. Generally, participants are not permitted to make their own private audio or video recording of an LTB hearing without specific permission from the Board. This applies whether the hearing takes place in person, by phone, or through a virtual video platform — the format doesn't generally change the underlying rule.

This can come as a surprise to people used to recording calls or meetings for their own records in other contexts. LTB hearings, like many tribunal and court proceedings, generally treat unauthorized recording as a more serious matter than a casual personal convenience, for reasons tied to privacy, the integrity of the process, and control over the official record of what happened.

It's worth noting that this general restriction isn't unique to the LTB — most Ontario tribunals and courts take a similar approach to unauthorized recording by participants, precisely because the concerns involved (privacy, candour, control over an official record) apply broadly rather than being specific to landlord-tenant disputes. Treating an LTB hearing with the same caution you'd apply to a courtroom, rather than a casual meeting, is generally the safer starting assumption.

Does the LTB itself record hearings

The LTB generally maintains its own official record of a hearing, which may include an audio recording made by the Board for its own purposes, separate from anything a party might attempt to record privately. This official recording is generally meant to support the Board's own processes, including preparing a decision and potentially supporting a later review or appeal if one becomes necessary.

It's worth understanding that an official recording existing doesn't automatically mean any party can simply request and receive a full copy on demand for any reason — access generally depends on the Board's specific policies, which can change over time and depending on the nature of the request.

How to request a copy of the official record

If a party believes they need access to the official recording — for example, to support a review request or an appeal where what was said at the hearing is directly relevant — the generally correct path is to make a formal request to the LTB rather than attempting to record the hearing independently. The Board's current procedures and any applicable fees for this kind of request can change, so it's generally worth checking directly with the LTB about the specific process and turnaround time involved.

Because this process takes time and may not be guaranteed in every circumstance, it's generally not a substitute for taking thorough notes during the hearing itself, which remain useful regardless of whether an official recording is eventually obtained.

Recording considerations for virtual hearings

As more LTB hearings take place over virtual platforms, it can be tempting to assume that built-in recording or screen-capture features make personal recording more acceptable, since the tools are right there in the software. Generally, the same restriction applies regardless of the hearing's format — using a virtual platform's own recording function without the Board's permission is generally treated the same as recording an in-person hearing without authorization.

It's generally worth double-checking the specific directions provided with the virtual hearing invitation, since the LTB sometimes includes explicit reminders about recording restrictions and expected conduct during virtual proceedings, including around screenshots of other participants.

Why recording by participants is generally restricted

The restriction on personal recording generally serves a few purposes. It protects the privacy of everyone participating, including witnesses who might otherwise be reluctant to speak candidly if they knew they could be recorded and the recording later used or shared outside the proceeding. It also helps preserve the integrity of a single, official version of events, rather than having competing recordings that could be edited, taken out of context, or selectively shared in ways that misrepresent what actually happened.

There's also a practical fairness dimension: if one party is allowed to record and the other isn't aware of it, that creates an uneven playing field in terms of who has a more complete record to draw on afterward, which cuts against the LTB's general goal of treating both sides fairly and transparently throughout the hearing process.

Beyond fairness between the parties, there's also a broader institutional interest at play. Tribunals generally want to encourage open, candid participation from everyone involved, including reluctant witnesses or parties who might otherwise feel intimidated by the prospect of their words circulating beyond the hearing room. A consistent no-recording rule, applied evenly, helps support that kind of open participation across every case the Board hears, not just the one in front of you.

Taking your own notes instead

While personal audio or video recording is generally restricted, taking written notes during a hearing is typically permitted and, in practice, is one of the most useful things a party can do to protect their own interests. Detailed notes — who said what, what questions were asked, what the adjudicator said about particular pieces of evidence — can be invaluable later if there's ever a dispute about what happened, or if the outcome needs to be explained to a representative down the line.

It generally helps to note down specific phrases or statements as closely as possible to how they were actually said, along with roughly when in the hearing they occurred, rather than relying on a general summary written well after the fact when memory has already started to fade.

What can happen if you record without permission

Making an unauthorized recording of an LTB hearing can have consequences beyond simply having that recording disregarded. Depending on the circumstances, it could affect how the Board views a party's conduct generally, and in some cases could raise broader legal issues depending on how any recording is made, used, or shared afterward, particularly if it involves other people's private information without their consent.

If there's a genuine, specific reason a recording might be necessary — such as an accommodation need — the generally appropriate path is to raise that directly with the LTB in advance and ask for permission, rather than assuming it's acceptable to simply proceed without asking.

Practical tips for remembering what happened

Since personal recording generally isn't available as an option, it's worth building a few habits instead: bring a notepad or laptop specifically for notes, write down the time or rough sequence of key moments, and immediately after the hearing, while memory is still fresh, write a short summary of what happened, what was said, and what you expect to happen next. This summary can be invaluable if you need to explain the hearing to a representative, decide whether to pursue a review, or simply keep an accurate personal record of the outcome.

It can also help to prepare a short list of the specific points you want to make before the hearing even starts, so your note-taking during the hearing itself can focus on the adjudicator's questions and the other side's responses rather than trying to remember your own argument from scratch in the moment. Combining advance preparation with careful in-hearing notes tends to produce a far more complete and reliable personal record than relying on memory alone after the fact.

Our hearing checklist includes practical reminders for what to bring and track on hearing day, recording restrictions included.

Frequently Asked Questions

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Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario