This is a guideline of what you should expect on the day of the Landlord and Tenant Board Tribunal Hearing.
1.Arrival at the LTB:
When you arrive you will sign a sheet that will record your attendance at the Landlord and Tenant Board.
If you want to mediate, you tell the security guard when you arrive. You will sign a sheet and a mediator will come to speak to you. Remember that for mediation to take place both sides must be willing to mediate.
If the member gets to your case while you are waiting to mediate or in mediation, they will move on to the next case. If you settle the application through mediation, the mediator will tell the member you don’t need a hearing. If you try mediation but don’t settle the application, a hearing will be held and a member will make a decision.
3. Who goes to the hearing
Applicant(s): The person who filed the application (i.e. the landlord or the tenant) or a person who is appearing in their place.
Respondent(s): The other person named in the application (i.e. the landlord or the tenant) or a person who is appearing in their place.
The applicant and the respondent are called the parties to the application.
Witnesses are people who can give evidence (information) that is relevant to the dispute. Witnesses will usually be asked to give information rather than offer their opinion.
For example, a witness may describe something they saw or heard.
A representative may be a lawyer or paralegal you hire to act on your behalf. You may also choose a person who is not a lawyer or paralegal to represent you. If you don’t go the hearing and no one attends in your place, the member can dismiss the application or decide it without you.
A support person, such as a family member or friend, can attend a hearing or mediation with you. A support person is not considered a representative as long as they don’t speak for you in the hearing or mediation.
Sometimes an application will involve a party without “legal capacity” either because the person does not have the mental capacity to make decisions about the issues in the case or, in certain cases, because the person is under 18. That person can participate in the hearing through a litigation guardian.
4. What happens during the hearing:
The notice of hearing gives you the date and time of your hearing. A number of files will have the same start time in what is called a “hearing block”. Be sure to arrive at least 30 minutes before your start time to sign-in for your hearing with security. If you do not sign-in and you are not in the hearing room when your case is called, your hearing may go ahead without you.
Wait in the hearing room unless the member has said you can leave and come back at a certain time, or you are waiting to speak to tenant duty counsel or a mediator.
If some of the people in the same block as you are doing meditation or meeting with tenant duty counsel, your turn could come sooner than you expect.
You may have to wait for much of the day, so make arrangements for child care or to be absent from work or school. If it’s not possible to finish your hearing that day you’ll be given a new hearing date.
During the hearing, you and the other party will have a chance to question witnesses, introduce relevant documents as evidence and make arguments about the facts and the law.
The member controls the hearing. Because the member is neutral, he or she 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.
Everyone at the hearing is expected to be courteous and respectful. When the hearing is over, the member might tell you their decision right away or they might “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 explaining the result. This decision is called an order.
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