Preparing for an LTB Hearing
Whether you are a tenant or a landlord, showing up organized and prepared can make an LTB hearing go far more smoothly. Here is generally what to expect.
LTB Process
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How LTB hearings are held
The Landlord and Tenant Board hears applications under the Residential Tenancies Act, 2006 in different formats depending on the type of case and current Board practice. Hearings may be held by video conference, by telephone, in writing, or in person, and the notice of hearing sent to the parties generally states the format, date, and time for that specific case. It is important to read the notice of hearing carefully, since joining the wrong way or at the wrong time can affect how the case proceeds.
At the hearing, an LTB adjudicator generally allows each side to present their evidence and arguments, ask questions, and respond to the other party's position. The adjudicator then makes a decision, which is typically issued in writing after the hearing rather than announced immediately.
Mediation before a hearing
For many types of applications, the LTB offers mediation, either before or on the same day as a scheduled hearing. Mediation is generally a voluntary, informal process where a Board mediator helps the parties try to reach their own agreement rather than having an adjudicator decide the matter. If mediation succeeds, the agreement can often be filed with the LTB and may become an enforceable order. If mediation does not resolve the issue, the case generally proceeds to a hearing before an adjudicator.
Key point
Agreeing to try mediation does not generally give up any rights — if no agreement is reached, the matter simply moves forward to a hearing as it otherwise would.
Evidence and disclosure deadlines
The LTB generally expects evidence to be shared with the other party and filed with the Board in advance of the hearing rather than presented for the first time on the hearing day. Specific deadlines can vary by case type and are usually set out in the notice of hearing or the LTB's Rules of Procedure, so checking the notice carefully is essential. Evidence submitted late may not be accepted, or may weaken a party's position, so building in extra time before the deadline is generally a good idea.
What to bring to the hearing
Being organized generally makes a real difference in how clearly a party can present their case. Useful materials to have on hand or filed in advance typically include:
- The notice of hearing and a copy of the original application.
- A copy of the written tenancy agreement or lease, if one exists.
- Copies of all relevant notices (such as an N4, N5, N12, N1, or N2) with proof of how and when they were served.
- Written communications between the parties — emails, texts, letters — organized by date.
- Photographs, videos, or receipts relevant to the issue (for example, of repair problems or damage).
- A short written timeline of key events, in chronological order.
- Contact information for any witnesses, along with a summary of what they can speak to.
Key point
Organizing evidence into a simple, labelled package — in the order you plan to refer to it — generally makes a much stronger impression than a stack of loose papers handed over during the hearing.
If a party does not attend
If a party who received proper notice of the hearing does not attend, the LTB may generally proceed without them and decide the matter based on the evidence and submissions of the party who did attend. This can result in an order being made in the other party's favour. A party who misses a hearing for a serious and unavoidable reason may be able to ask the LTB to review the resulting order, but this is not guaranteed and is decided on the specific circumstances.
Adjournments and rescheduling
Sometimes a party needs more time — because of illness, a scheduling conflict, or a need for more evidence. A request to adjourn (postpone) a hearing can generally be made to the LTB, ideally as early as possible before the scheduled date, explaining the reason. The LTB has discretion whether to grant an adjournment and may consider factors such as how much notice was given and whether the request appears to be a delay tactic. There is no guarantee a request will be granted, so it should not be relied on as a backup plan.
Tips for staying organized
A few habits tend to help both tenants and landlords going into a hearing: keep a single folder (physical or digital) with everything related to the case; note key dates as soon as they are known; write out the main points to make, in order, rather than relying on memory; and remain calm, factual, and respectful during the hearing, since adjudicators generally give more weight to clear, credible evidence than to heated argument. If English or French is not a party's first language, interpretation services may be available and should be requested in advance through the LTB.
This article provides general information about Ontario landlord and tenant law. It is not legal advice. For advice about a specific situation, consult a licensed paralegal or lawyer, or contact the Landlord and Tenant Board.
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Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario