Self-Represent at a LTB Hearing

Learning Objectives

Upon completing this public lecture participants should be better equipped to:

• Understand the process of a Landlord and Tenant Board hearing
• Understand the basic rules of procedure for how to conduct a hearing
• Understand the types of documents and supporting evidence you will need to be successful
• Understand the basics of how to apply a legal argument to your particular case
• Understand how to ask for a remedy, and how to research what remedies may be available for your unique situation

Modules

• Pre-Hearing Preparation(s)
• The Opening Statement
• The Applicant’s Case
• The Respondent’s Case
• Giving Evidence
• Using Witnesses
• Cross-Examination(s)
• Closing Submissions

Pre-Hearing Preparation(s)

"If you fail to plan, you plan to fail." - Benjamin Franklin

In order to present a stronger case at a Landlord and Tenant Board hearing, you need to be prepared for what may happen, what is going to happen, and what you want to happen. That means coming up with a plan.

On top of planning, you need to gather ALL of your evidence. Are you going to rely on emails, text messages, or pictures? Have them all in one document to help the Adjudicator find that information. If you can't put everything in one document, have each file named so the Adjudicator can find the file. Potential names might "Furnace - Damage - Picture" or "Signed Lease - 2021-05-10" or "Landlord - Email - Plumbing Kitchen Repairs - 2020-01-30".

If you are using audio or video. How is the quality? Can you tell what is happening on it? Are you able to open the files? Nothing is more embarrassing going into the hearing and not be able to open an audio/video file. When it comes to naming your audio/video file, follow the same format as you did with the emails, text, messages, or pictures.

After you have your evidence sorted, you need to plan on what you are going to say at the hearing. You need to ask yourself, what is the main reason for the hearing. Is the reason for the hearing due to maintenance obligations that the Landlord failed to do or is it because the Tenant has been damaging the unit.

The Opening Statement

Allows you to frame to the matters at hand and direct the LTB to keep their mind open for those issues

The Applicant's Case

The side that filed the application gets to go first

The Respondent's Case

After the Applicant gets to go first, then Respondent gets to go

Giving Evidence

Only a witness can present evidence. If you are a self-rep, you can present your side of the story.

Using Witnesses

The side that brings the witness can only ask specific questions, this is called direct examination or examination-in-chief. The questions have to be open ended to allow the witness to tell the story.

Cross-Examination(s)

Can ask leading questions that suggest the answer to the witness.

Closing Submissions

Recap what you told the Board and what you want the Board to do about it.