THE FEDERATION OF METRO TENANTS' ASSOCIATIONSTenant Survival Manual
Chapters
Are You Covered by the Law?
Above Guideline Rent Increases
Conversion, Demolition or Renovation
Hearings
If a hearing is scheduled, it is very important that you attend the hearing. For example, if the property owner is applying to evict you because you haven’t paid your rent, you still have a right to go to the hearing and explain why you haven’t paid. This may delay or prevent your eviction.
Hearings take place before a Member of the Landlord and Tenant Board, who is like a judge. It is important to know that the Landlord and Tenant Board does not require that you have legal representation. If you choose, you can hire an agent to represent you but the Board allows you to represent yourself. There is also Tenant Duty Counsel available at the Landlord and Tenant Board. They serve tenants on a first come, first served basis. They can assist the tenant with last-minute information and advice, but they do not always represent tenants.
Hearings can be really intimidating for tenants. One of the best ways of dealing with the feeling of intimidation is by being prepared.
Tips on Being Prepared
· Remember that this is your chance to tell your side of the story
· Bring evidence that will support your case (copies of work orders, letters to the property owner, photos, copies of property standards reports, rent receipts)
· Make sure that there are at least three copies of all your evidence: one for you, one for the Board, and one for the property owner
· Evidence can also include witnesses. If you have a witness that you wish to bring forward (for example, another tenant or a property standards inspector) make sure that they are there for the hearing. You can request a summons from the Board to require a witness to attend
· Be specific (for example, talk about when the incident took place, when the problem started or what the problem is)
· Be polite (the Landlord and Tenant Board is like a court, so remember to talk to the Member who is holding the hearing)
How a Hearing Works
Each side will get a chance to tell their story. If the application is brought by you, you will start the hearing by explaining why you submitted your application. This is when you must supply the Board and the property owner with all of your evidence. This will also be when you must bring forward any witnesses that you have.
If you are submitting evidence, make sure that:
ü you have a copy
ü there is a copy for the Board Member
ü there is a copy for the property owner
The property owner will then have a chance to ask you and your witness’s questions. This is called cross-examining. After the cross-examination, you are allowed to ask your witnesses any questions you think will clarify the situation.
Once you have finished telling your side of the story, and after all your witnesses have spoken, the property owner can tell their side of the story. You will be able to cross-examine the property owner and any witnesses they bring.
After the property owner has told their side of the story, it will be your chance to make your closing statement. Your closing statements usually sum up your arguments and are your chance to tell the Board Member what the law says and what you would like the Member to do.
After your closing statement, it will be the property owner’s chance to make their own closing statement.
Finally, you are allowed to respond to the property owner’s closing statement.
Throughout the hearing, the Board Member may ask you or the property manager questions about the case.
The Order
After hearing both sides and reviewing all the evidence, the Member will issue an Order. An Order is a document that says what the Member has decided. If the Member does not issue an Order at the hearing, one will be mailed to you.
Reviewing an Order
If, after receiving the Order from the Landlord and Tenant Board, you think that there has been a serious error made, you may be able to review the order. It costs $50 to request a review of an order and you must request a review within 30 days of the Order being written. You also have the right to appeal an Order to the Superior Court if there is a legal mistake. You will probably need legal help to do this. If you have questions about an Order, please call the Tenant Hotline at 416-921-9494.
Mediation
Before a hearing, it is likely that a Board appointed mediator will offer Mediation. Mediation is a way of trying to come to an agreement between you and the property owner. You are allowed to bring a lawyer or agent into Mediation with you and anything that is said in mediation is private. Both you and the property owner can request that Mediation end at any point. If mediation is ended, the case will go to a hearing. If you come to an agreement with the property owner during Mediation, the agreement is legally binding. It is important to remember that mediation is always voluntary – if you don’t feel comfortable in mediation, it is your right to request a hearing.We are currently testing this online version of the Tenant Survival Manual: If you notice something that needs to be clarified; if you want more information on a particular subject; or if you simply would like to comment on the Tenant Survival Manual, please click here to send us an email.
