Public Disclosure - Tribunal (LTB)

TSL-73760-16-IN2 & TST-74210-16-IN2 (Re), 2017 CanLII 28587 (ON LTB)

1. At the outset of the third day of hearing the Landlord raised a preliminary issue. It stated that the Tenant has placed a copy of an audio recording of the hearing on the internet. The Landlord submits that the Tenant’s conduct is not only inappropriate, but in direct violation of my previous oral direction, dispute resolution officers’ cautions and previous Board members’ orders. The Landlord notes that there are three previous orders that speak to this issue; TST-56836-14 & TST-61644-16_IN[1], TST-56836-14 & TST-61644-16-RV, and TST-56836-14 & TST-61644-16.

2. The Landlord argues that the previous orders make it clear that the Tenant is not permitted to publish a hearing recording on social media. The Landlord notes that in TST-56836-14 & TST-61644-16-RV, Vice Chair Sangmuah reasoned as follows:

If the portion of the hearing posted on YouTube was made available to the Tenant pursuant to Rule 25.2, which I do not find, it was for the purpose of facilitating preparation for further proceedings, including a review or appeal. Board recordings are made available to parties, not the general public. Thus, the Tenant required the express consent of the Board to make the recording available on social media.

15. Due to the Tenant’s abuse of the Board’s process, the Board will refuse to hear the Tenant’s application (TST-74210-16) until such time as he removes any and all audio recordings of Board hearings from the internet. This means that the Tenant will need to remove those recordings from websites such as YouTube. The Tenant is directed to remove the audio recordings on or before March 24, 2017.