Appendix C: The Landlord and Tenant Board's Rules of Procedure

• Author: John Dickie/David Lyman
• Pages: 385-401

385

CONTENTS

PART I SOCIAL JUSTICE TRIBUNALS ONTARIO

COMMON RULES

Introduction

How to Use These Rules

Rule A1 Application

Rule A2 Definitions

Rule A3 Interpretation

Rule A4 Tribunal Powers

Rule A5 Accommodation of Human Rights

Code—Related Needs

Rule A6 Language

Rule A7 Courtesy and Respect

Rule A8 Abuse of Process

Rule A9 Representatives

Rule A10 Litigation Guardians

PART II LANDLORD AND TENANT SPECIFIC RULES

Rule 1 General Rules

Rule 2 Fee Waivers

Rule 3 Service of Documents on a Person or

Party

Rule 4 Filing with the LTB

Rule 5 Service of Application and Notice of

Hearing

Rule 6 Refusal to Accept or Continue to Process

an Application

Rule 7 LTB Proceeding

Rule 8 Pre-Hearing Conferences

Rule 9 Case Management Hearings

Rule 10 L1/L9 Hearings

Rule 11 Application for Above Guideline Rent

Increase

© Queen’s Printer for Ontario, 2006. Current as of December 1, 2020. Reproduced with permission. This is not an official version. For the most current ver-

sion, please visit: Tribunals Ontario, Landlord and Tenant Board at <https://tribunalsontario.ca/ltb/rules-practice-directions-guidelines>.

The Landlord and

Tenant Board’s Rules of

Procedure

The Board’s Rules of Procedure set out the procedural

rules that must be followed under the Residential

Tenancies Act, 2006 (RTA).

Last updated: December 1, 2020

The Landlord and Tenant Board (LTB) has the authority to

make rules to govern its procedures under s. 176 of theResi-

dential Tenancies Act, 2006and s. 25.1 of theStatutory

Powers and Procedures Act. These Rules apply to all proceed-

ings before the LTB.

There are two parts to the LTB’s Rules. Part I is the Social

Justice Tribunals Ontario (SJTO) Common Rules, which also

apply in other tribunals within SJTO. The Common Rules

came into effect on October 1, 2013.

Part II is the LTB Specific Rules as of December 1, 2020,

which apply only within the LTB.

Both parts of the Rules should be read together.

C

© [2022] Emond Montgomery Publications. All Rights Reserved.

386 WORKING WITH THE RESIDENTIAL TENANCIES ACT

Rule 12 Non-Profit Housing Co-operatives

Rule 13 Mediation and Dispute Resolution

Rule 14 Consent Orders

Rule 15 Amending Applications

Rule 16 Request to Extend or Shorten Time

Rule 17 Withdrawing an Application

Rule 18 Severing an Application

Rule 19 Disclosure and Evidence

Rule 20 Paying Money Into and Out of the LTB

Rule 21 Rescheduling and Adjournments

Rule 22 Orders and Reasons

Rule 23 Costs

Rule 24 Amending Orders

Rule 25 Voiding or Staying an Order

Rule 26 Review of Orders

Appendix A ServiceOntario Centres

Appendix B Witness Fees

PART I SOCIAL JUSTICE TRIBUNALS ONTARIO

COMMON RULES

Introduction

Social Justice Tribunals Ontario (SJTO) is a cluster of eight

adjudicative tribunals with a mandate to resolve applications

and appeals under statutes relating to child and family

services oversight, youth justice, human rights, residential

tenancies, disability support and other social assistance,

special education and victim compensation.

The SJTO is committed to providing quality dispute resolution

across the cluster including ensuring that its procedures are

transparent and understandable. Identifying common procedures

and values across the SJTO and, where appropriate, harmonizing

those procedures improves access to justice and fosters con-

sistency in the application of fundamental principles of fairness.

These Common Rules are grounded in the core adjudicative

values and principles of the SJTO which govern the work of

the cluster. The Common Rules provide a consistent overarching

framework of common procedures that will continue to evolve.

How to Use These Rules

1. The SJTO Common Rules apply to all cases in any SJTO

tribunal and form part of the rules and procedures of

each tribunal.

2. For more specific rules pleas e refer to the rules and

procedures of:

• Child and Family Services Review Board

• Criminal Injuries Compensation Board

• Custody Review Board

• Human Rights Tribunal

• Landlord and Tenant Board

• Ontario Special Education Tribunal—English

• Ontario Special Education Tribunal—French

• Social Benefits Tribunal

PART A—ADJUDICATIVE VALUES AND

INTERPRETIVE PRINCIPLES

Rule A1—Application

The Common Rules apply to the proceedings of the SJTO.

The Common Rules form part of the rules of each SJTO

tribunal.

Rule A2—Definitions

“rules and procedures” includes rules, practice directions,

policies, guidelines and procedural directions;

“tribunal” means any SJTO tribunal or board.

Rule A3—Interpretation

A3.1 The rules and procedures of the tribunal shall be

liberally and purposively interpreted and applied to:

a. promote the fair, just and expeditious resolution

of disputes,

b. allow parties to participate effectively in the pro-

cess, whether or not they have a representative,

c. ensure that procedures, orders and directions

are proportionate to the importance and com-

plexity of the issues in the proceeding.

A3.2 Rules and procedures are not to be interpreted in a

technical manner.

A3.3 Rules and procedures will be interpreted and ap-

plied in a manner consistent with theHuman Rights Code.

Rule A4—Tribunal Powers

A4.1 The tribunal may exercise any of its powers at the

request of a party, or on its own initiative, except where

otherwise provided.

A4.2 The tribunal may vary or waive the application of

any rule or procedure, on its own initiative or on the request

of a party, except where to do so is prohibited by legislation

or a specific rule.

© [2022] Emond Montgomery Publications. All Rights Reserved.