Procedure for Amending Applications (LTB)

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

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.