Process for Hybrid Hearings (Multi-Tenant Applications)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2434
Page Categories:	[Hearing Process (LTB)]
Citation:	Process for Hybrid Hearings (Multi-Tenant Applications), CLNP 2434, <https://rvt.link/dt>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2024/10/27

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Limbada et al v 2491364 Ontario Inc, 2024 ONLTB 74668 (CanLII)

SCHEDULE B PROCESS FOR HYBRID HEARING

I. Background

There are: (a) L1 applications based on the assertion the Tenants have not paid rent; and (b) T2/T6 applications raising maintenance and other issues on which the Tenants are seeking 20% rent abatements and other orders, including an order requiring the Landlord to withdraw what are described as ‘illegal’ above guideline rent increases from 2021, 2022, 2023 and 2024. Among the allegations made by the Tenants is the assertion the Landlord has interfered with the Tenant Association.

II. Hybrid Hearing

A. L1 Applications

1. In support of each of the L1 applications, the Landlord will file a brief of documents that includes: (a) the N4 notice delivered to the Tenant together with a certificate of service; an L1/L9 Information Update with a rent ledger attached; (b) a copy of any notice(s) of rent increase delivered to the Tenant; and (c) a one-page document describing how the Landlord calculates the lawful monthly rent it claims is payable by the Tenant. A person with personal knowledge should sign the L1/L9 Information Update and not the Landlord’s legal representative.

2. If a Tenant disputes the rent the Landlord asserts is owed on the L1/L9 Information Update filed by the Landlord, the Tenant shall file an affidavit no more than four pages in length (a ‘Tenant L1 Affidavit’): (a) explaining why they dispute the Landlord’s assertion concerning what is the lawful rent; and (b) identifying what the Tenant believes is the lawful rent and the rent owed, without regard to any abatement or compensation the Tenant claims is owed by the Landlord.

3. The Landlord may file a single affidavit in reply to the Tenant L1 Affidavits.

B. T2/T6 Applications

i. Individuals Issues

4. The individual issues raised by the tenants are identified in paragraph 25 of the affidavit sworn by Yogesh Khatri on July 19, 2024. Each Tenant who has raised an individual issue will swear an affidavit concerning the issue(s) identified on that chart (a ‘Tenant T2/T6 Affidavit’).

5. The Tenant T2/T6 Affidavits will be broken down by issue and will identify:

(a) for maintenance-related issues:

(i) a description of the issue;

(ii) when the Tenant the issue arose;

(iii) when and how the Tenant asserts the Landlord was advised of the issue;

(iv) whether the issue was resolved and, if so, when the Tenant asserts it was resolved; and

(v) how the Tenant asserts the issues impacted their use of the unit or residential complex; and

(b)for other issues:

(i) a description of the issue;

(ii) when the Tenant asserts the issue arose; and

(iii) how the Tenant asserts the issue impacted their use and enjoyment of the unit or residential complex.

6. Each Tenant T2/T6 Affidavit will have attached any documentary evidence referred to in the body of the affidavit. To the extent that there are common documents, those documents may be filed in a brief title ‘TT Common T2/T6 Documents’.

7. In response to the Tenant T2/T6 Affidavits, the Landlord will file a single affidavit (the ‘Landlord T2/T6 Affidavit’).

8. The Landlord T2/T6 Affidavit will be broken down by Unit/Tenant and will indicate on an issue-by-issue basis:

(a) for the maintenance-related issues:

(i) when the Landlord asserts it became aware of the issue and how; and

(ii) when and how the Landlord asserts it addressed the issue; and

(b) for the other issues, any response by the Landlord to the assertions made by the Tenants.

9. The Landlord T2/T6 Affidavit may also provide evidence responding to the assertion(s) by the Tenant as to how their use and enjoyment of the unit or complex was impacted. The Landlord T2/T6 Affidavit shall have attached any documentary evidence referred to in the body of the affidavit. To the extent that there are common documents, those documents may be filed in a brief title ‘LL Common T2/T6 Documents’.

10. The Tenants may each file an affidavit in reply to the Landlord T2/T6 Affidavit.

ii. Common Issues

11. The Tenants will file one affidavit dealing with the section 83 issues that are not addressed in the Tenant Individual Affidavits (the ‘Tenant Common Issues Affidavit’). The Tenant Common Issues Affidavit will be broken down into sections based on the issues identified by the Tenants. The Tenant Common Issues Affidavit will have attached any documentary evidence referred to in the body of the affidavit.

12. To the extent that the Tenants intend to rely on the assertion that the Landlord has treated the tenants of the complex differently based on whether or not they are (or were) members of the Tenant Association the Tenants will file individual affidavits from members and non- members explaining this assertion.

13. In response to the Tenant Common Issues Affidavit Tenant s 83 Affidavits and any affidavits delivered in accordance with paragraph 16, the Landlord will file a single affidavit (the ‘Landlord Common Issues Affidavit’). The Landlord Common Issues Affidavit will be broken down by Unit/Tenant and will indicate on an issue-by-issue basis the Landlord’s response(s). The Landlord Common Issues Affidavit will have attached any documentary evidence referred to in the body of the affidavit.

14. The Tenants may file a single affidavit in reply to the Landlord Common Issues Affidavit.

iii. Aides Memoire

15. The Tenants and the Landlord will each file an aide memoire or brief of law outlining their legal argument. Authorities should be cited to CanLII. Where there is no CanLII citation, a copy of the authority will have to be attached to the aide memoire or brief of law.

iv. Witnesses

16. If either the Tenants or the Landlord intend to call witnesses, they will: (a) identify for how long they expect that each witness will testify; and (b) provide a ‘will say’ statement for any witness(es) they expect will testify for more than 30 minutes.

v. Format for Documents Uploaded to TOP

17. All documents uploaded to TOP will be in PDF format, with numbered pages. In the case of affidavits and document briefs, the PDFs will include an index and be ‘bookmarked’.