Legal Representative Testifying or Giving Evidence (LTB): Difference between revisions

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<ref name="Rules">Ontario Landlord & Tenant Board, Rules of Procedure Effective September 1, 2021, Updated July 1, 2025, <https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html>, retrieved 2025-07-10</ref>
<ref name="Rules">Ontario Landlord & Tenant Board, Rules of Procedure Effective September 1, 2021, Updated July 1, 2025, <https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html>, retrieved 2025-07-10</ref>
==Homestead Land Holdings Limited v Manji, 2023 ONLTB 45337 (CanLII)<ref name="Manji"/>==
1.  Prior to the hearing the Landlord’s representative objected to the Tenant’s representative providing submissions.
2.  The Tenant did attend the hearing. Zain Atcha is a lawyer. The Tenant’s representative submits that as a lawyer he is not permitted to give evidence on the Tenant’s behalf.
3.  Rule 1.6(q) of the LTB Rules of Procedure authorizes the Board to exercise discretion to permit a party’s legal representative to give evidence where appropriate. This rule does not distinguish between a lawyer and a paralegal.
4.  The Tenant’s representative has knowledge of the Tenant’s circumstance related to this motion. I find it appropriate to allow the Tenant’s representative to provide evidence on the Tenant’s behalf.
<ref name="Manji">Homestead Land Holdings Limited v Manji, 2023 ONLTB 45337 (CanLII), <https://canlii.ca/t/k4qtl>, retrieved on 2025-07-10</ref>
==TNT-68601-15 (Re), 2016 CanLII 72037 (ON LTB)<ref name="TNT-68601-15"/>==
1. The Tenant’s solicitor objected to the Landlord’s property manager, AP, giving evidence as well as representing the Landlord.
2. AP was an employee of the Landlord, and therefore was not required to be licensed by the Law Society.
3. The Board permits representatives to give evidence, and I had no issue with AP, who has long appeared before the Board in this same way, performing this dual role.
<ref name="TNT-68601-15">TNT-68601-15 (Re), 2016 CanLII 72037 (ON LTB), <https://canlii.ca/t/gv993>, retrieved on 2025-07-10</ref>


==References==
==References==

Latest revision as of 21:38, 10 July 2025


🥷 Caselaw.Ninja, Riverview Group Publishing 2025 ©
Date Retrieved: 2025-07-13
CLNP Page ID: 2514
Page Categories: [Hearing Process (LTB)]
Citation: Legal Representative Testifying or Giving Evidence (LTB), CLNP 2514, <https://rvt.link/fz>, retrieved on 2025-07-13
Editor: Sharvey
Last Updated: 2025/07/10


Landlord & Tenant Board Rules of Procedure[1]

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

...
q. exercise its discretion to permit a party's legal representative to give evidence where appropriate;


[1]

Homestead Land Holdings Limited v Manji, 2023 ONLTB 45337 (CanLII)[2]

1. Prior to the hearing the Landlord’s representative objected to the Tenant’s representative providing submissions.

2. The Tenant did attend the hearing. Zain Atcha is a lawyer. The Tenant’s representative submits that as a lawyer he is not permitted to give evidence on the Tenant’s behalf.

3. Rule 1.6(q) of the LTB Rules of Procedure authorizes the Board to exercise discretion to permit a party’s legal representative to give evidence where appropriate. This rule does not distinguish between a lawyer and a paralegal.

4. The Tenant’s representative has knowledge of the Tenant’s circumstance related to this motion. I find it appropriate to allow the Tenant’s representative to provide evidence on the Tenant’s behalf.


[2]

TNT-68601-15 (Re), 2016 CanLII 72037 (ON LTB)[3]

1. The Tenant’s solicitor objected to the Landlord’s property manager, AP, giving evidence as well as representing the Landlord.

2. AP was an employee of the Landlord, and therefore was not required to be licensed by the Law Society.

3. The Board permits representatives to give evidence, and I had no issue with AP, who has long appeared before the Board in this same way, performing this dual role.



[3]

References

  1. 1.0 1.1 Ontario Landlord & Tenant Board, Rules of Procedure Effective September 1, 2021, Updated July 1, 2025, <https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html>, retrieved 2025-07-10
  2. 2.0 2.1 Homestead Land Holdings Limited v Manji, 2023 ONLTB 45337 (CanLII), <https://canlii.ca/t/k4qtl>, retrieved on 2025-07-10
  3. 3.0 3.1 TNT-68601-15 (Re), 2016 CanLII 72037 (ON LTB), <https://canlii.ca/t/gv993>, retrieved on 2025-07-10