One of the best ways to understand how hearings work, how the Residential Tenancies Act works, and how the Ontario Landlord and Tenant Board (LTB) Tribunal approaches the adjudication of these issues is to watch them as they happen. Hearings at the tribunal are held every day and links are available before the start of week (or on the day of). Anyone can connect using Zoom and observe the hearings, although no screenshots or recordings are allowed. Links to hearings are not posted publicly, but they can be found on places like Twitter. If you’re a landlord or a tenant in a dispute situation, I encourage you to check these out.
You can find out much more about this in the SOLO Wiki page dedicated to this topic.
Dismissing cases over technicalities is so common that at least one of the sessions I watched every day ended this way. An N12 (eviction because of a family member moving in) hearing on June 1, 2022, seemed like a slam dunk. The landlord, the landlord’s daughter and a representative were all in attendance and the tenant was nowhere to be found. Yet, once the case details unfolded, the landlord hadn’t paid “compensation” before the termination date. It made sense too, given the tenant had not paid rent for many months – why pay them another month? Why not just take that from what they owe or the first month’s deposit? But the Residential Tenancies Act is clear that compensation for N12 evictions has to happen in the form of one month’s rent. The landlord was visibly shaken as he realized this and offer to “pay the tenant later,” or to double-check his records, but the damage was done and the case had to be dismissed. Re-filing this case will likely lead to another wait of 6 months for a hearing.
In another N12 eviction case, the landlord’s representative seemed to have everything in order. She was in attendance with the landlord and the landlord’s family members. The hearing was proceeding until the tenant’s paralegal (I don’t see tenants represented often) offered that a corporation cannot issue an N12 notice and it was a corporation that owned the property. Bam. Dismissed. Given this was in the law, the adjudicator ruled quickly.
This is really why I watch. I want to understand all the reasons a case could be dismissed. Understand the kind of language in use while the hearing progresses with respectful phrases like “Madam chair.” It’s important to learn as much as possible about doing this process the right way and the hearing is where it all happens. It’s hard to say if I’ll ever have a hearing given my bad tenant seems intent on leaving, but this process could be different; and if it is, I have to know everything I can.
And, despite dismissals, none of the cases I saw were ruled on. The evidence is presented, and the tenant is questioned by the landlord (or rep) and then cross-examined. Any questions the adjudicator asks are then cleared up and that’s it. They leave to rule on the matter 30 to 60 days later (maybe more). I don’t know how these cases go until they’re posted on Canlii – which is currently six months behind on postings. I sure would love to know how some of them went.
Not all adjudicators are the same either. Depending on whom you see, some will have no tolerance for your timing or small errors. One male adjudicator I saw asked what kind of place the landlord offered and the landlord said, “It’s a rental, eight units.” While laughing at the landlord, the member said in a very testy way, “I know it’s a rental, you wouldn’t be here if it wasn’t a rental – what type of building is it?” I’m sure this attitude is difficult to deal with. But, nonetheless, you must soldier on and present a case – and the landlord did.
If you’re going to be in a hearing soon, I recommend you watch as many hearings as you can as an observer. You’ll learn a ton and it may just save you from a quick dismissal. Head over to our SOLO Wiki to learn how to observe them.
