Brochure: Important Information about Your Hearing

Overview

Why a hearing is held

The Residential Tenancies Act has rules for landlords and tenants to follow. If a landlord or a tenant thinks someone has not followed these rules, they can file an application with the Landlord and Tenant Board (LTB).

When an application is filed, the LTB will schedule a hearing. The LTB holds a hearing to consider the application. The person who made the application will try to show why the application should be granted, and the other side tries to show why it should not be granted.

The person in charge of the hearing is called a member. The member will listen to what each person has to say and then make a decision.

The Landlord and Tenant Board also holds case management hearings for applications filed by landlords who want to raise rent above the guideline because they have made capital expenditures (major renovations, repairs, replacements or additions). Case management hearings are discussed in more detail in the Practice Direction on Case Management Hearings.

People at the hearing

A member (adjudicator) will be at your hearing. The member is in charge of the hearing. They cannot provide legal advice or tell you how to present your case. It is up to you to present evidence that supports your position. The member may ask questions during the hearing.

The person who filed the application is called the applicant. The applicant or their representative must come to the hearing. If they do not, their application may be dismissed.

The other person named in the application is called the respondent. They are also given notice to come to the hearing. If the respondent or their representative does not come, a decision can be made without them.

The applicant and the respondent are called parties to the application. In most cases, this is the landlord and tenant. In some cases, there may be more than one landlord or more than one tenant.

If the applicant or respondent has a representative who will represent them during the hearing, that person will be at the hearing too.

If a party has a witness or witnesses who can tell the member something about the situation, then they will also be in the hearing room for some or all of the hearing.

Hearing formats

Hearings are held in one of 4 formats:

• A video conference hearing, where the hearing takes place using a video link between the member and the parties (this is the most common type of hearing),
• An oral hearing, where the applicant and respondent appear in person before a member,
• A telephone hearing, where the hearing takes place using a telephone link between the member and the parties, or
• A written hearing, where the parties file written documents, instead of appearing in person.

The LTB will decide which format your hearing will be in.

Hearing date and time

Hearings at the LTB are usually conducted electronically using Zoom.

The LTB will send you and all other parties a Notice of Hearing by mail or email.

The Notice of Hearing tells you the time and date of your hearing, and will include instructions to join a virtual proceeding. The Notice of Hearing will also tell you the deadlines for filing documents with the LTB, such as evidence or any other required documents.

It is recommended to join the virtual proceeding 30 minutes before your scheduled hearing time. If you are late, the LTB can decide to hold the hearing and make a decision about the application without you.

If you do not have access to a computer or internet to join a virtual proceeding, the tribunal can arrange this for you. Request an Accommodation as soon as possible so that arrangements can be made.

Length of the hearing

Every hearing takes a different amount of time. The length of your hearing can depend on things like:

• the number of witnesses
• the issues discussed
• the evidence presented

There are usually several hearings booked on the same day and time as yours. Everyone is asked to come at the same time. The member will decide the order in which each application will be heard that day.

You should not be late for your hearing because if you are, the application may be heard without you. On the other hand, you may have to wait several hours for your case to be called. You should plan to be at your hearing for the entire day, just in case your hearing is called later in the day.

What to Do Before the Hearing

Decide if you want to have a representative at the hearing

You can represent yourself at the hearing, or you can have someone else represent you. A representative can be a lawyer, a paralegal, a friend or a relative.

If you have anyone other than a lawyer or paralegal represent you, you must give the LTB your written permission to have that person represent you.

For more information, read the Practice Direction on Representation before the Landlord and Tenant Board.

Arrange for any witnesses

If you have witnesses that you want at the hearing, you must arrange for them to attend.

If you think your witness will attend the hearing when you ask them to, then simply ask them to attend. Make sure they know when the hearing will take place and how to attend.

If you are not sure whether a witness will come, you can ask the LTB to issue a summons by filling out a Request for the Board to Issue a Summons. A summons is a legal document that tells that person to go to the hearing. Send the form to the LTB well in advance of your hearing. For more information, read the Requesting a Summons brochure.

If you cannot come to the hearing

A hearing before the LTB is an important legal matter. It is important that you attend.

If you know before your hearing date that you cannot come to the hearing, you have three choices:

1. Ask a person to go to the hearing and represent you.
   If that person is someone other than a lawyer or paralegal, they must have your written permission to represent you. You must also give them all of the information they will need to go ahead with the hearing.
2. Ask all of the other parties before the hearing date if they will agree to set a new hearing date.
   If they agree, you must file a Request to Reschedule a Hearing no later than 5 business days before your hearing. You can only do this if all the other parties agree. Even if all the parties do agree, the LTB may deny your request.
3. Attend the hearing and ask for the hearing to be adjourned.
   You or your representative must go to the hearing and explain why you cannot go ahead. If the member does not allow the adjournment request, the hearing will go ahead on that day.

Request French language services

To request a hearing or mediation in French, complete the Request for French-Language Services or Accommodation Request form. A member who speaks French will be assigned to your hearing. Make your request as soon as possible and well in advance of your hearing date.

Other languages

The LTB does not usually provide interpreters for languages other than French or English. If you want an interpreter with you at the hearing, then you are expected to arrange for someone to interpret for you. This person could be:

• someone you know who speaks both your native language and English, who is willing to help you.
• an interpreter who you hire. (The Association of Translators and Interpreters of Ontario has an online directory of court interpreters.)

Request a sign language interpreter

The LTB will provide a sign language interpreter (American Sign Language, langue des signes québécoise) or real time captioning for anyone participating in a proceeding who has a hearing impairment. To request a sign language interpreter, complete the Request for French-Language Services or Accommodation Request form. Make your request as soon as possible and well in advance of your hearing.

Request accommodation under the Human Rights Code

If you have a disability or another Human Rights Code-related need, you can ask the LTB to make special arrangements (called an accommodation) so that you can have full access to LTB services and participate fully in LTB hearings and mediations.

To make this request, submit the Accommodation Request form. For more information about the types of accommodations that may be available, visit the Tribunals Ontario website. For assistance filling out the form, please call the Tribunals Ontario Contact Centre toll-free at 1-888-332-3234.

For more information, please see the Tribunals Ontario Accessibility and Accommodation Policy at tribunalsontario.ca under "Accessing our Services".

On the Hearing Day

The hearing process

Hearings at the LTB follow this general process:

1. Opening Remarks: The adjudicator will make opening remarks. They will explain the hearing process and call on parties to speak.
2. The Applicant Tells Their Story: the applicant explains the reason for their application and presents evidence to prove the claims in their application. They may also call witnesses to give evidence.
3. Cross-Examination of the Applicant: The Respondent can ask questions of the applicant and challenge their evidence.
4. The Respondent Tells Their Story: The Respondent will then explain their side of the case, and present evidence to prove their claims. They may also call witnesses to give evidence.
5. Cross Examination of the Respondent: The Applicant can ask questions of the applicant to challenge their claims or evidence.
6. Clarifying Questions: The Adjudicator may ask questions of the parties or witnesses at any point during the hearing.
7. Final Submissions: The adjudicator may allow the parties to make final statements, or to sum up their arguments before the hearing ends.
8. Closing Remarks: The Adjudicator will make closing remarks to bring the hearing to an end. They will tell the parties if they have reached a decision, or if they will reserve their decision for further review.

When the hearing is over, the member might tell you their decision right away, but often they "reserve" the decision, which means they will take more time to consider your evidence and submissions. In either case, you will receive the decision in writing. This decision is sometimes called an order.

Tenant can raise other issues on an application involving arrears of rent

If the landlord files an L1: Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant owes, or an L9: Application to Collect Rent the Tenant Owes, the tenant can raise concerns about maintenance, illegal charges and other ways they think their landlord is not following the RTA at the hearing.

If you are a tenant and you plan to raise other issues at the hearing, you must:

• Give the landlord and the LTB a written description of each issue at least seven days before the hearing. For help, refer to the Issues a Tenant Intends to Raise at a Rent Arrears Hearing Form.
• If the landlord filed the application on or after September 21, 2026, pay the landlord at least half of any rent arrears that are claimed in the landlord’s application at least seven days before the hearing. You cannot pay this amount to the LTB in trust. Be sure to get a receipt for any payments you make to the landlord.
• Give the landlord and the LTB a copy of all documents, pictures, and other evidence you plan to use at the hearing at least seven days before the hearing. Instructions about how to give your documents to the LTB can be found in the Notice of Hearing.

For more information on this topic, see the brochure Issues a Tenant can Raise at a Hearing about a Landlord's Application for Non-payment of Rent (Form L1 or L9).

Mediation

Mediation is a service that the LTB offers for most types of applications. In mediation, a dispute resolution officer talks to the parties to see if they can come to an agreement which settles some or all of the issues in the application. If all of the issues are settled, a hearing is not necessary.

Mediation is voluntary. There will only be mediation if both sides want to try it.

If you do try mediation and you do not settle the issues in the application, your hearing will take place as scheduled. At your hearing, you cannot talk about what was said in mediation, because mediation is confidential.

For more information about mediation, see the brochure: Mediation at the LTB.

Tenant Duty Counsel

Tenant duty counsel is a lawyer or other legal professional who helps tenants on the day of their hearing. The service is offered by Legal Aid Ontario which is independent of the Landlord and Tenant Board.

Tenants do not need an appointment to speak with tenant duty counsel. If you want to meet with tenant duty counsel, you should come to your hearing 30 minutes before the start time.

If you need free legal advice before your scheduled Landlord and Tenant Board hearing, please sign up here: https://tdc.acto.ca/. Tenant Duty Counsel (TDC) will contact you ahead of your scheduled hearing to advise you on your case. The Tenant Duty Counsel Program (TDCP) are legal professionals who provide free legal advice to tenants who have a hearing.

For more legal information regarding other tenant concerns, please see the tip sheet on our website at: https://www.acto.ca/for-tenants/tip-sheets/

Contact the Landlord and Tenant Board