Rule 19 - Disclosure and Evidence (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2077
Page Categories:	[Landlord and Tenant Board Rules of Procedure (Annotated)]
Citation:	Rule 19 - Disclosure and Evidence (LTB), CLNP 2077, <https://rvt.link/3d>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/02/08

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Social Justice Tribunals Ontario Common Rules

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A3.1 The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to: promote the fair, just and expeditious resolution of disputes, allow parties to participate effectively in the process, whether or not they have a representative, ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding.

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

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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.

Landlord and Tenant Board Rules of Procedure

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1.6 In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

a. waive or vary any provision in these Rules and may lengthen or extend any time limit except where prohibited by legislation or a specific Rule;

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19.1 Unless the LTB has directed or ordered otherwise, all parties to a matter that has been scheduled for a CMH or a hearing must provide the other parties and the LTB with a copy of all documents, pictures and other evidence that the party intends to rely upon at least 7 days before the CMH or hearing . The evidence must be provided to the other parties using one of the methods of service identified in the RTA or Rule 3.

19.2 Where a party has provided evidence in accordance with Rule 19.1, the other parties must provide any responding documents, pictures and other evidence that the party intends to rely upon to the other parties and the LTB at least 5 days before the scheduled CMH or hearing.

19.3 At any time before the hearing has been completed, a party may be directed or ordered to disclose and exchange documents or any other material relevant to the proceeding unless the LTB is satisfied the document is privileged.

19.4 Unless the LTB has directed or ordered otherwise, a tenant who intends to raise issues under sections 82(1) or 87(2) of the RTA during a hearing for a landlord’s application about rent arrears shall provide the other parties and the LTB with the following at least 7 days before the scheduled CMH or hearing:

a written description of each issue the tenant intends to raise; and

a copy of all documents, pictures and other evidence that the tenant intends to rely upon at the hearing.

19.5 A tenant who fails to provide the LTB and other parties with a written description of each issue they intend to raise at the hearing as required in Rule 19.4 shall not be permitted to raise issues under sections 82(1) or 87(2) of the RTA during a hearing for a landlord’s application about rent arrears unless the LTB is satisfied that the tenant could not comply with the requirements.

19.6 Where a tenant has provided a landlord with issues and evidence in accordance with Rule 19.4, the landlord must provide the other parties and the LTB with any responding documents, pictures and other evidence the Landlord intends to rely upon at least 5 days before the scheduled hearing.

19.7 A party who fails to comply with Rule 19 or an order or direction for disclosure may not rely on the evidence that was not disclosed as directed or ordered, unless otherwise ordered.

Kok v Virk, 2021 CanLII 101282 (ON LTB)

Christine Kok (the 'Landlord') applied for an order to terminate the tenancy and evict Jag Virk (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes.

This application was heard by videoconference on May 25, 2021. The Landlord and the Tenant attended the hearing.

Preliminary Issue:

1. The Tenant requested an adjournment because he did not have an opportunity to speak with Duty Counsel. The Tenant also requested an adjournment because the Landlord provided late disclosure. After hearing submissions, I denied the Tenant’s adjournment request for the reasons below.

2. Duty Counsel was present at the start of the hearing but the Tenant arrived late to the hearing. The Tenant would have had the opportunity to speak to Duty Counsel but for his late arrival. I also note that the Notice of Hearing sent to the parties contains information about accessing duty counsel services and makes it clear that parties are to seek legal advice prior to the hearing. The Tenant lead insufficient evidence about his efforts to seek legal advice.

3. With regards to the late disclosure, Rule 19 of the Board’s Rules directs parties to disclose evidence 7 days in advance of the hearing unless the Board directs or orders otherwise. A party who fails to comply may not rely on the evidence that was not disclosed (Rule 19.7). The Board’s Rules are not to be interpreted in a technical manner and shall be liberally and purposively interpreted (Rule A3).

4. The Landlord testified that she believed she had to provide her disclosure to the Tenant and the Board 3 days prior to the hearing date as per the email she received from the Board. While the Landlord did not comply with the disclosure rules, it was unclear how the Tenant was prejudiced by the late disclosure. This is an arrears application and the disclosure was not voluminous.

5. The Tenant declined my offer to hold the matter down in order to give the Tenant time to review the Landlord’s disclosure.

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