Wednesday 18 March 2015

Preparing for a Hearing at the Ontario Landlord and Tenant Board


Preparing for a Hearing at the Landlord and Tenant Board

 
Heather Campbell
This article is prepared by my very kind assistant Heather Campbell.  Heather joined my firm, QTMG LLP in 2011 after completing a Law Clerk Degree at Algonquin College.  Heather was one of my students in Residential Landlord and Tenant Law class at Algonquin and came to my office as part of a field placement in that program. 


Heather works very closely with me in my Landlord and Tenant law practice and she has gained tremendous experience in preparing cases for hearing by gathering and organizing evidence.  If you have questions about preparation and would like Heather's perspective please feel free to comment below.




So you’ve survived the application process, served your Notice of Hearing and now you’re gearing up for the big day, your hearing at the landlord and tenant board.

Many believe that given the informal nature of the Board that no further preparation or evidence gathering is necessary however this is a misconception. It is not enough to rely on oral testimony at your hearing. The stronger the evidence you can provide to the Adjudicator, the better your chances of success at your hearing. The following are some suggestions on how to gather evidence and prepare the evidence for your hearing.

By-Law Reports and Orders

When it comes to maintenance issues, whether you are landlord or a tenant, always contact your city’s By-Law department. Having a By-Law Officer attend at the rental property, inspect the issues and make an Order go a long away to supporting a claim for maintenance issues.

If you are a tenant, a by-law report may confirm the existence of an issue and an Order to repair will help to prove that your landlord is not in compliance with their duty to repair or provide a unit that is fit for habitation.

As a landlord, a by-law report could help to refute a tenant’s claim that the unit is not in compliance with the local by-laws or building codes. In the alternative, if you have been issued a work Order and have taken steps to resolve the issue, it can go to explain any delays or show your good faith in committing to resolve the issues.

Further, if necessary, a by-law officer can summonsed to appear at your hearing and give testimony. The testimony of by-law officers is often viewed as impartial and could go a long way to a favourable judgment.

Photographs

When you have the ability to visually illustrate your concerns, do it. Use colour photographs to show damage, mold and other violations.

Photographs should be date and time stamped. It is also a good idea to take photographs over time, to show if things have gotten worse, improved or changed.

Landlords and tenants alike should take photos at move in and you can use them to compare with the current state of the unit.

Written Correspondence

In a tenancy situation, the more you can do in writing the better. Save correspondence from between yourself and your landlord or tenants. Maintenance requests, complaints, notice of entry or repair, etc. should all be done in writing, preferably through e-mail where allowed under the rules of the Board.

When you are able to produce e-mails or chains of correspondence the Adjudicator no longer has to rely on just your oral testimony, they can now see both sides of the conversation as it happens.

Presentation of Evidence

It is always a good idea to present your evidence in a clear and organized manner. Consider stapling all your documents together or making a booklet of evidence. Paginate your documents to make finding that item you are referring to easy for the Adjudicator. Whenever possible make sure that the evidence that you’re producing has a clear date on it and if you are not the author (or photographer) of the evidence make sure that it is clear who created the documents or took the photos.

What Should I include?

This is really determined on a case-by-case basis based on the facts of your specific situation.  A general rule of thumb is to think about what you would like to see as the Adjudicator and provide the evidence you feel would be most convincing.

Also, think about what the party on the other side may be bringing forward and decide if you have evidence that can counter or be more persuasive then what you believe you will face. Put your best foot forward.

The Rule of Three

When preparing evidence for a Board hearing always prepare three sets of evidence, copy for yourself, a copy for the Adjudicator and a copy for the other party. This is the rule of three.

Conclusion

Your case is only as good as the evidence that you put forward, so take your time in preparing evidence for your hearing. Do not rely solely on your own oral evidence or those of others that have a stake in the outcome (other tenants, property managers etc). Taking time the time to properly organize your evidence will make your case easier to present and allow the Adjudicator to follow along with you.  Be thorough and put your strongest evidence forward.

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