Order for Costs (LTB)

Residential Tenancies Act, 2006, S.O. (S.83)

204 (1) The Board may include in an order whatever conditions it considers fair in the circumstances.

(2) The Board may order a party to an application to pay the costs of another party.

(3) The Board may order that its costs of a proceeding be paid by a party or the party’s paid representative.

(4) The amount of an order for costs shall be determined in accordance with the Rules.

(5) Subsections (2) to (4) apply despite section 17.1 of the Statutory Powers Procedure Act.

LTB Rules of Procedure (Rule 23)

Ordering the Application Fee as Costs

23.1 If the applicant is successful, the LTB may order the respondent to pay the application fee to the applicant as costs. Ordering Another Party's Costs

23.2 A member may exercise discretion to order a party to pay another party's :representation/preparation fees; and other out-of-pocket expenses. Where the LTB orders a party to pay the representation/preparation fees incurred by another party, these fees shall not exceed $100 per hour for the services of a paid representative to a maximum of $700.

23.3 A party who engages in unreasonable conduct which causes undue delay or expense may be ordered to pay costs to another party. Ordering LTB Costs

23.4 A party or a paid representative may be ordered to pay the LTB for its costs of a proceeding. Hearing costs will not exceed $100 per hour to a maximum of $700.

23.5 The LTB will not order a paid representative to pay its costs unless those costs result from the paid representative's conduct.

Guideline 3: Costs

Further Costs Where the Conduct of a Party, a Party's Agent or a Party's Legal Representative is Unreasonable A Member has the discretion to require a party, a party's agent or a party's legal representative to pay, as costs, any representation or preparation expenses of another party where the conduct of the party, a party's agent or a party's legal representative was unreasonable. Conduct is unreasonable if it causes undue expense or delay and includes the following:

• Bringing a frivolous or vexatious application or motion;
• Initiating an application or any procedure in bad faith;
• Taking unnecessary steps in a proceeding;
• Failing to take necessary steps, such as those required by the RTA or Rules;
• Any misconduct at the hearing or in the proceeding;
• Raising an issue which is irrelevant to the proceedings and continuing to pursue that issue after the Member has pointed out that it is irrelevant;
• Asking for adjournments or delays without justification;
• Failing to prepare adequately for the hearing;
• Acting contemptuously toward the Member or showing a lack of respect for the process or the Board;
• Failing to follow the directions of the Member or upsetting the orderly conduct of the hearing; and
• Maligning another party or unreasonably slurring the character of the other party.