Procedure for Amending Applications (LTB)

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-06-13
CLNP Page ID: 1549
Page Categories: [Legal Writing]
Citation: Procedure for Amending Applications (LTB), CLNP 1549, <34>, retrieved on 2024-06-13
Editor: Sharvey
Last Updated: 2023/02/01


Introduction

This tutorial is designed to walk the legal practitioner through the process of amending or updating an application that has already been submitted to the Ontario Landlord and Tenant Board.

The Rules & Laws on Amendments

Landlord and Tenant Board Rules of Procedure, Amended December 2020, Rule 15 - Amending Applications[1]

15.1 A request to amend an application before the hearing must be:

a) in writing;
b) served with the amended application to all other parties; and
c) filed with LTB with the amended application and a completed Certificate of Service.

15.2 Where the request to amend requires the LTB to revise the Notice of Hearing, the applicant must serve the revised Notice of Hearing to all other parties and file a Certificate of Service within 7 days of receiving the revised Notice.

15.3 The request to amend will be decided at the hearing after considering:

a) whether the amendment was requested as soon as the need for it was known;
b) any prejudice a party may experience as a result of the amendment;
c) whether the amendment is significant enough to warrant any delay that may be caused by the amendment;
d) whether the amendment is necessary and was requested in good faith; and
e) any other relevant factors.

15.4 The LTB may exercise its discretion to grant a request to amend made at the hearing if satisfied the amendment is appropriate, would not prejudice any party and is consistent with a fair and expeditious proceeding.

[1]

Basic Procedure

  • When submitting an amended application you do not submit a copy of the original application with the amended application
  • There are two types of amended applications:
  1. Regular Amendments
  2. Fresh as Amended

Regular Amendments

  • Regular amendments are the most common type of application amendment. The basic rule on a regular amendment is that you strike through the parts of the application that are to be deleted, then you bold and underline the parts of the application that have been added.
  • At the top of the application you need to write in bold and underline Amended as of {date}. This is written both on the LTB official forms, as well as any attached schedules.

Fresh as Amended

  • Fresh as amended applications are only required when the changes made using the regular amendment process are so extensive that the amended documents become hard to read and a complete redraft is necessary to ensure clarity on what the document is attempting to express.
  • At the top of the application you need to write in bold and underline Fresh as Amended as of {date}. This is written both on the LTB official forms, as well as any attached schedules.

Other Notes

  • You DO NOT need to write Amended on additional evidence document you intend to submit. THE AMENDING PROCEDURES ONLY APPLY to the pleading documents such as the Application forms or the attached SCHEDULES to the applications.
  • The exception to the above rules occurs when a party has already submitted a book of documents, and the party makes amendments to an already submitted and served book of documents; in this case, the standard procedure for amending documents applies.

References

  1. 1.0 1.1 Landlord and Tenant Board Rules of Procedure, Amended December 2020, Rule 15 - Amending Applications, <https://rvt.link/38>, retrieved 2023-02-01