What Happens If You Can't Attend Your Own LTB Hearing

Why attendance matters so much at the LTB

An LTB hearing is generally a tenant's main opportunity to present their side of a dispute directly to the adjudicator who will decide it. Whether the hearing concerns an eviction application, a tenant's own application about maintenance or harassment, or a rent-related dispute, not being there to respond, answer questions, and present evidence can significantly affect the outcome. This doesn't mean a missed hearing automatically means losing — but it does mean the number of options available to a tenant narrows considerably once a hearing has already taken place without them.

What generally happens if you simply don't show up

If a tenant doesn't attend a scheduled hearing and hasn't arranged a representative or an adjournment, the LTB generally has the authority to proceed in the tenant's absence and make a decision based on the evidence and submissions actually presented — typically just the landlord's side, in an eviction matter. This can result in an order the tenant had no opportunity to respond to, including an eviction order, even where the tenant might have had a reasonable defence if they'd been present. This is one of the more serious practical risks in LTB proceedings, and it's why missing a hearing without taking any steps beforehand is generally something to avoid if at all possible.

Requesting an adjournment or reschedule

If a tenant knows ahead of time that they cannot attend on the scheduled date — due to illness, work conflicts, travel, or another genuine conflict — requesting an adjournment (a postponement of the hearing) is generally the first thing to try. Adjournment requests are generally made in writing to the LTB as early as possible, explaining the reason and proposing, if possible, alternative availability. Adjournments are not automatically granted — the LTB generally weighs the reason given, how much advance notice was provided, and whether a postponement would be fair to the other party — but a well-explained, early request is generally far more likely to succeed than a last-minute one.

Having a representative attend instead of you

A tenant doesn't necessarily need to attend personally if a representative — a lawyer, licensed paralegal, or in some cases another authorized representative acting under a proper authorization — can attend and act on their behalf. This generally requires filing the appropriate authorization documentation with the LTB in advance, and the representative generally needs to be properly prepared with the tenant's evidence and instructions, since they're the one directly answering questions and making arguments at the hearing. This option can be useful where a tenant has a hard scheduling conflict but has access to legal help who can stand in reliably.

Remote and telephone hearing options

Many LTB hearings are conducted remotely — by video or telephone — which can sometimes resolve an attendance conflict that would otherwise be a problem with an in-person-only hearing, such as being out of town on the hearing date. It's worth checking how the specific hearing is scheduled to take place and whether remote participation is already built in, since this may eliminate the need for an adjournment altogether. Where a hearing is scheduled in a format that doesn't work for a tenant's circumstances (for example, a tenant without reliable phone or internet access on a video-only hearing), raising this with the LTB as early as possible is generally the right step, rather than waiting until the hearing date to discover the format is unworkable.

If an order was already made without you

If a hearing already took place and a tenant missed it, and an order has already been issued, the options become narrower but aren't necessarily gone. The first step is generally to review the order itself and understand exactly what it says and what deadlines apply, since in some cases — particularly eviction matters — there can be very little time before enforcement steps can begin. Acting quickly is important: the longer a tenant waits after learning about a missed hearing and an adverse order, the fewer practical options tend to remain.

Requesting that an order be set aside

In many circumstances, a tenant who missed a hearing can ask the LTB to review or set aside an order made in their absence, generally by filing a request promptly and explaining why they weren't able to attend and, where relevant, what their response to the original application would have been. This is generally not an automatic right — the LTB considers whether there was a legitimate reason for the absence and whether reopening the matter is appropriate given the circumstances — but a prompt, well-documented request has a real chance of being considered, whereas waiting weeks or months to raise it generally makes success much less likely.

Practical tips if a hearing date is a problem

If a hearing date presents a genuine conflict, the most effective general approach is: identify the problem as early as possible, put the request in writing to the LTB promptly rather than waiting, propose a specific solution (alternative dates, remote attendance, or a named representative) rather than simply stating you can't attend, and keep a copy of everything submitted and any confirmation received. If a hearing has already happened without you, move quickly — contact the LTB, understand your order and its deadlines, and consider getting advice from a community legal clinic or paralegal about whether requesting a review or set-aside is appropriate in your situation.

It's also worth thinking ahead about what kind of conflict is likely to arise. A tenant who works shifts that don't align well with daytime hearing slots, who has a disability that makes certain formats difficult, or who has caregiving responsibilities that limit availability on short notice may want to flag this as soon as a hearing notice arrives, rather than waiting until the date is close. The LTB generally tries to accommodate genuine scheduling and accessibility needs where it can, but it can only do so if it knows about the problem with enough lead time to actually make an adjustment.

Tenants sometimes worry that asking for an adjournment or flagging a scheduling conflict will be held against them, or will make the adjudicator think less favourably of their case. In practice, a clear, respectful, well-documented request made for a legitimate reason is a normal part of the process and is not generally treated as a sign of weakness in the underlying dispute. What tends to create problems instead is silence — simply not showing up and not explaining why until after the fact, which leaves the LTB with far less to work with and the tenant with far fewer options.

Finally, if a tenant has any reason to believe a hearing notice was sent to an outdated address or was never actually received, this is worth raising immediately rather than assuming nothing can be done. Proper service of hearing notices is something the LTB can be asked to look into, and a genuine service problem can be a relevant factor if a tenant is seeking to have a default order reviewed.

Frequently Asked Questions

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Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario