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.

Rule 23 - Costs 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.