Eviction Essentials: Navigating Legal Procedures and Protecting Your Interests

by | Mar 4, 2024 | Rental Laws, Renters

As a longtime observer of LTB hearings, a common misconception I have seen is believing the Adjudicators have the power to decide whatever they feel. While Adjudicators do have some discretionary powers, they are bound by statute and are given instructions to make orders when certain criteria have been met This article aims to touch on some procedural elements that are important to keep in mind, what to expect and how to conduct yourself at a hearing.

Eviction Essentials

  1. Before the Hearing
  2. At the Hearing
  3. Benefits of Negotiation
  4. A Few Things to Keep in Mind:

1. Before the Hearing

When it comes to your hearing date, be prepared. Ensure that you can provide the essential information needed for the Adjudicator to make a clear and concise decision. Evidence that is often uploaded to the Tribunals Ontario Portal include pictures, videos, lease agreements, bank statements, reports and any other relevant document or media. This information can be compiled into a document brief and uploaded to the Tribunals Ontario Portal. Make sure your document brief is easy to navigate, this will assist the Adjudicator and the opposing side. Utilise tabs, page numbers and an index that shows exactly which document is on which page. If you have witnesses to provide evidence for your case, make sure they are available to give evidence at the hearing. 

2. At the Hearing

Be professional, be concise, and let your evidence speak for itself. Don’t ramble and don’t discuss issues that are not before the Adjudicator- meaning, if the hearing is about rent arrears, don’t mention other complaints such as excessive noise coming from the tenant’s unit. 

3. Benefits of Negotiation

The hearing block is only so long. Whether a full day or a half day block, there is a chance your matter will not be heard. This is where negotiations with the other party can assist. Negotiating with the other party to find a mutually agreeable resolution before or on the hearing day will give you a better chance to get some of what you want. Looking at it from a different perspective, you will be in control of the decision that is reached, rather than having the Adjudicator be in control of the decision. On the day of the hearing, a Dispute Resolution Officer will likely be available to record agreements between the two parties. These agreements are enforceable.

4. A Few Things to Keep in Mind:

 

  • The Board has a monetary jurisdiction of $35,000 exclusive of interest and costs. Meaning the most the Board can order is $35,000. Any amount over will have to be waived and there will be no opportunity to recover the excess amount- meaning, if you have a tenant that has missed a few months of rent, it is better to act sooner rather than later.
  • Tenants are allowed to raise any maintenance concerns at an arrears hearing. If they decide to do so, their evidence must be given to the Landlord seven days in advance of the hearing. 
  • Each ground of termination has its own Board approved form and has its own minimum notice period. Most notices have a period in which they can be voided. Voiding a notice means that the other party has complied with the notice and an application can no longer be initiated based on that notice. All the information you need to prepare notices is on the Tribunals Ontario website, each notice has an instruction guide. 
  • It is worth it to observe hearings in advance, so you know what to expect. Hearings are conducted on Zoom regularly from Monday to Friday 8:30 AM to 4:30 PM. Another useful tool is https://www.canlii.org/en/ which has a database of past Landlord and Tenant Board decisions. You can review similar cases to understand the Adjudicator’s decision-making process or know what evidence the Adjudicator will need to decide in your favour.

 

Cohen Highley LawyersCelebrating our 50th anniversary in 2024, Cohen Highley is a multidisciplinary (full service) law firm, servicing clients throughout Ontario. Our highly experienced and respected Multi-Residential Housing team represents landlords, property owners, and housing providers, exclusively. Visit cohenhighley.com for more information.