Landlord and Tenant Board - Rules of Procedure Effective: September 1, 2021 Updated: September 21, 2026

The definitions contained in the RTA and its regulations apply to these Rules. The following definitions are in addition to those definitions or provide greater clarity. In these Rules:

1. "Associate Chair" means the Associate Chair of the LTB;

2. "CMH" means a Case Management Hearing;

3. "co-op member" is as defined in s. 94.1(1) of the RTA;

4. "DRO" means a Dispute Resolution Officer who is an LTB employee assigned to conduct a mediation, pre-hearing conference or a CMH. A DRO may also be assigned to act as a Hearing Officer;

5. "delivery" means service of a document to a party or the LTB;

6. "file" means file with the LTB and a "filing" is anything that is filed;

7. "holiday" means any Saturday, Sunday or other day on which the LTB's offices are closed;

8. "LTB" means the Landlord and Tenant Board;

9. "landlord" is as defined in s. 2(1) of the RTA and for the purposes of these Rules may also include a non-profit housing co-operative;

10. “mail” means sending an item via Canada Post including by registered mail and Xpresspost unless otherwise indicated in these Rules;

11. "Member" means a Member of the LTB and includes a Vice-Chair and the Associate Chair;

12. "motion" means a motion in any proceeding or intended proceeding;

13. "non-profit housing co-operative" is as defined in s. 2(1) of the RTA;

14. "party" means a landlord, a non-profit housing co-operative, a tenant, a co-op member, and any other person directly affected by an LTB proceeding;

15. "pre-hearing conference" means an in person, telephone, or videoconference meeting of all parties for purposes of case management of an application;

16. "proceeding" means all the processes of the LTB from the filing of an application to its final determination;

17. "RTA" means the Residential Tenancies Act, 2006;

18. "regular monthly housing charges" is as defined in s. 94.1(1) of the RTA;

19. "rent" is as defined in s. 2(1) of the RTA and for the purposes of these Rules may also include regular monthly housing charges in the case of a non-profit housing co-operative;

20. "rental unit" is as defined in s. 2(1) of the RTA and for purposes of these Rules may also include a member unit in the case of a non-profit housing co-operative;

21. "residential complex" is as defined in s. 2(1) or s. 94.1(1) of the RTA;

22. "rules and procedures" includes the LTB’s Rules, Practice Directions, policies, Interpretation Guidelines, and procedural directions;

23. "service" means to give a document to anyone or to the LTB in the way required by these Rules; and

24. "tenant" is as defined in s. 2(1) of the RTA and for purposes of these Rules may also include a co-op member in the case of a non-profit housing co-operative.

25. “TOP” means the Tribunals Ontario Portal which is the LTB’s case management system.

26. “uploading” means electronically adding a document into the Tribunals Ontario Portal.

The Associate Chair of the LTB may issue Practice Directions to provide further information about the LTB's practices or procedures.

Where something is not provided for in these Rules, the LTB may decide what to do by referring to other provisions in these Rules.

The rules and procedures of the LTB shall be liberally and purposively interpreted and applied to:

1. promote the fair, just and expeditious resolution of disputes,

2. allow parties to participate effectively in the process, whether or not they have a representative,

3. ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding.

Rules and procedures are not to be interpreted in a technical manner.

Rules and procedures will be interpreted and applied in a manner consistent with the Human Rights Code.

The LTB will decide how a matter will proceed, may reschedule proceedings on its own initiative, may make procedural directions or orders at any time and may impose any conditions that are appropriate and fair.

The LTB may exercise any of its powers at the request of a party, or on its own initiative, except where otherwise provided.

The LTB may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.

Where the RTA requires an affidavit respecting a specified statement or specified information, the LTB will also accept a signed and dated declaration containing the specified statement or specified information provided the declaration confirms the truth of the information or statement and acknowledges that making a false declaration is an offense.

In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

1. extend or shorten any time limit except where prohibited by legislation or a specific Rule;

2. add or remove parties as it considers appropriate;

3. join applications or hear applications together where it is fair to do so;

4. sever applications or sever parts of an application;

5. conduct any inquiry it considers necessary or request any inspection it considers necessary;

6. direct a party to deliver a notice or document to another party or person in any manner that is appropriate;

7. allow a party to amend any filing;

8. amend an application on its own motion where appropriate, on notice to the parties;

9. view a premise which is the subject of an application;

10. direct parties to attend a CMH or a pre-hearing conference;

11. direct the manner in which a party may communicate with the LTB;

12. direct the order in which issues, including issues the parties consider to be preliminary, will be considered and determined;

13. define and narrow the issues to be decided;

14. question a party or witness;

15. order disclosure of evidence;

16. limit the evidence or submissions on any issue where satisfied there has been full and fair disclosure of all relevant matters;

17. exercise its discretion to permit a party's legal representative to give evidence where appropriate;

18. make interim decisions or orders;

19. dismiss an application which is frivolous and vexatious, has not been initiated in good faith or does not disclose a reasonable cause of action on its own motion and without a hearing;

20. refuse to consider a party's evidence or submissions where the party has not provided the evidence or submissions to the LTB and the other parties as directed by the LTB; and

21. take any other action the LTB considers appropriate in the circumstances.

In addition to the powers provided for in the RTA, a LTB Hearing Officer may hold a hearing and make an order for:

1. any landlord application about arrears of rent,

2. any application where the applicant does not appear at the time scheduled for the CMH or hearing,

3. any application scheduled for a CMH,

4. any application where the parties have consented to the terms of the order.

The LTB may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes.

Where the LTB finds that a person has persistently instituted vexatious proceedings or conducted a proceeding in a vexatious manner, the LTB may find that person to be a vexatious litigant and dismiss the proceeding as an abuse of process for that reason. It may also require a person found to be a vexatious litigant to obtain permission from the LTB to commence further proceedings or take further steps in a proceeding.

All persons participating in proceedings before or communicating with the LTB must act in good faith and in a manner that is courteous and respectful of the LTB and other participants in the proceeding.

A party must notify the LTB in writing of any change in their contact information as soon as possible.

A party may not speak to a Member in the absence of the other parties outside the hearing.

Individuals may participate in LTB proceedings in English, French, American Sign Language (ASL) or Quebec Sign Language (QSL).

A person appearing before the LTB may use an interpreter. Interpretation will be provided, upon request, in accordance with LTB policy.

Individuals may provide written materials to the LTB in either English or French.

A party may change their language of participation from English to French or from French to English. The decision to change language of participation must be communicated to the LTB immediately.

Where a party changes their language of participation after the Notice of Hearing or CMH is issued and, due to the late notice, a bilingual Member or DRO is not available, absent exceptional circumstances an interpreter will be provided and the hearing will proceed.

Where an LTB order or a Rule refers to a number of days this means calendar days.

When something must be done within a specific number of days, the days are counted by excluding the first day and including the last day.

When the time for doing anything ends on a holiday as defined in these Rules the thing may be done on the next day that is not a holiday.

A notice or document may be delivered to a party or person on a holiday and a notice may take effect on a holiday.

Rules 1.12 to 1.15 may not be waived or varied.

Requests for a fee waiver must be made using the LTB's Fee Waiver Request Form. A representative licensed by the Law Society of Ontario may complete a Fee Waiver Request Form in TOP based upon information provided to them by the party they are representing.

Fee waivers will be granted where the requestor meets the requirements set out on the Fee Waiver Request form.

In addition to methods of service identified in the RTA a document may be served on a person or party, other than a party covered by Rule 3.3, by:

1. hand to the person or to an apparently adult person in the rental unit or member unit;

2. hand to an employee of the landlord with authority for the residential complex to which the document relates or to the manager or co-ordinator of the non-profit housing co-operative exercising authority for the residential complex to which the document relates;

3. leaving it at the place where mail is ordinarily delivered to the person, sliding it under the door or putting it through a mail slot in the door of the rental unit or member unit as long as the person remains in possession of the rental unit or member unit;

4. placing it under the door of a non-profit housing co-operative's head office or business office;

5. mail using the address for service provided by the party;

6. courier to party's address or, the case of a non-profit housing co-operative, to its head office or business office;

7. by fax to the party or to a non-profit housing co-operative's head office or business office but only if the document is less than 20 pages or, if it is longer, with the consent of the person receiving it;

8. by email if the person or party receiving it has consented in writing to service by email.

9. uploading it directly into TOP if the person or party receiving it has consented in writing to accept service through TOP.

A notice of entry under section 27 of the RTA may also be served by posting it on the door of the rental unit.

In addition to methods of service identified in the RTA a document may be served on a tenant or former tenant no longer in possession of a rental unit, by:

1. leaving it at the place where mail is ordinarily delivered to the person, sliding it under the door or putting it through a mail slot in the door of the tenant or former tenant’s residence;

2. sending the document(s) by courier to the address where the tenant or former tenant resides; or

3. by email if:

   1. during the tenancy the tenant or former tenant had consented in writing to service by email; and

   2. if it can be proven that the contents actually came to the attention of the tenant or former tenant.

A party may ask the LTB to permit an alternative method of service including service by email or service on the party's representative. The request may be made prior to the hearing using an LTB approved form or at the hearing. A request to use an alternative method to serve a tenant or former tenant no longer in possession of a rental unit with an application and notice of hearing must be made at least 40 days before the hearing.

Parties may consent in writing at any time to service by email.

Consent to service by email may be revoked at any time by giving notice in writing to the person or party.

Where a party does not consent to service of a document by e-mail, the LTB may permit the document be served by e-mail on such terms as are just.

Where required by these Rules or the LTB directs, service of a document must be confirmed by completing a Certificate of Service signed by the person who served the document and filing it with the LTB within 5 days of service.

A document is considered served on the:

1. fifth day after mailing;

2. fifth day after sent by Xpresspost, unless actual delivery on an earlier date is established;

3. date on the fax confirmation receipt when sent by fax;

4. day after it was given to the courier when sent by courier, or if that day is a holiday, the next day that is not a holiday;

5. day it was sent when sent by email;

6. day it was given to the person when delivered by hand.

7. day it was uploaded into TOP

Except as may be provided for in a Practice Direction or direction made by the LTB, a document may be filed with the LTB:

1. by uploading it directly into TOP;

2. by email to LTB@ontario.ca;

3. by delivering it in person to a ServiceOntario Centre that accepts service on behalf of the LTB;

4. by courier to the LTB at 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6; or,

5. by mail to the closest LTB Office. A list of the LTB offices is available at: https://tribunalsontario.ca/ltb/contact/.

An email that contains any payment or credit card information will not be accepted.

Lawyers or paralegals licensed by the Law Society of Ontario are required to submit certain documents to the LTB in accordance with the LTB Practice Direction: LTB - Requiring Law Society Licensees to use TOP.

A document filed with the LTB by uploading it directly into TOP may be signed by typing the name of the person or party on the document.

Where the LTB permits an application to be filed using TOP, any related Notice of Termination, affidavit, or Certificate of Service must be also uploaded at the time of filing.

If the Notice of Termination, affidavit or Certificate of Service cannot be uploaded at the same time as the application is filed using TOP, they must be filed with the LTB within 5 calendar days of filing. Failure to file these documents in time may result in administrative dismissal of the application.

An application by a non-profit housing co-operative, and any document, other than the payment form, which relates to the application must be filed by email to co-opprocessingLTB@ontario.ca. Payment must be made through the online payment portal and a copy of the payment receipt must accompany an application.

Rule removed.

A document is considered filed on the:

1. day it is uploaded into TOP;

2. day received when filed by email;

3. day it is filed in person at any ServiceOntario Centre that accepts service on behalf of the LTB;

4. day after it was given to the courier when filed by courier or on the next day that is not a holiday;

5. fifth day that is not a holiday after mailing.

Any document filed with the LTB, except for documents filed with an application, must include the following information:

1. names of the parties to the application;

2. LTB file number or numbers where available; and

3. the name and contact information of the person filing the document and, where applicable, the name of their representative and the representative's contact information.

In addition to the information required in the RTA a landlord who files an application under section 69 of the RTA based on a notice of termination given under section 48, 49 or 50 of the RTA shall, in the application, indicate:

1. any LTB file number related to each notice of termination;

2. the intended activity for a notice of termination given under section 50.

The LTB will serve the Notice of Hearing together with the application, motion, or request on all parties unless the Rules or RTA require otherwise or the LTB exercises its discretion to order a party to serve. The applicant must give a copy of all their evidence, such as supporting documents and pictures, directly to the other parties. The LTB will not serve evidence that the parties intend to rely upon at the hearing. The LTB may serve an application or a Notice of Hearing by email in appropriate circumstances.

The LTB may exercise its discretion to order the party filing an application, motion or request to serve a copy of it together with the Notice of Hearing and any attached information sheets, on all other parties in the following circumstances:

1. the application asks for an above guideline rent increase;

2. the application asks to vary the amount of a rent reduction;

3. the application has been amended;

4. the LTB has granted the party's request to shorten the time for service of the application, motion or request;

5. the issues in dispute on the application, motion or request are time sensitive;

6. the LTB is unable to serve the application, motion or request to the other parties; or

7. the LTB determines that an order for service by a party is fair, just and expeditious.

A tenant's application alleging illegal lockout must be served at least 48 hours before the hearing date set in the Notice of Hearing.

A tenant's application alleging denial of access to possessions after eviction by the Sheriff must be served at least 5 days before the hearing date set in the Notice of Hearing.

An application to end the tenancy and evict for any of the grounds listed below:

1. impairing safety,

2. illegal act involving drugs,

3. wilful damage,

4. interference with reasonable enjoyment in small building where landlord lives in the building, or

5. failure to vacate superintendent unit,

must be served at least 5 days before the hearing date set in the Notice of Hearing.

Where the LTB issues a notice of written hearing for:

1. an application to vary the amount of a rent reduction;

2. an application for a rent reduction for municipal taxes;

3. an application for an above guideline rent increase due to increased municipal taxes or utilities; or

4. any other application where the LTB directs a written hearing.

the applicant must serve a copy of the application and the notice of written hearing on each respondent no later than 20 days after the LTB issues the notice of written hearing.

An application for any of the grounds listed below:

1. above guideline rent increase which will proceed as an oral hearing,

2. transfer of a Care Home tenant, or

3. varying the amount of a rent reduction.

must be served at least 30 days before the hearing date set in the Notice of Hearing.

A landlord’s Application to Collect Money a Former Tenant Owes and the Notice of Hearing must be served at least 30 days before the hearing date set in the Notice of Hearing.

Where the LTB directs a party to serve any other application it must be served at least 15 days before the hearing date set in the Notice of Hearing.

Where a landlord has filed an application under section 226 for a review of a work order issued by an inspector appointed by a local municipality, the landlord must serve the local municipality with a copy of the application and Notice of Hearing at least 15 days before the hearing date set in the Notice of Hearing.

A motion by a:

1. tenant asking to set aside an ex parte order;

2. tenant asking to void an eviction order for arrears;

3. landlord asking to set aside an order voiding an eviction; or,

4. landlord asking to increase rent above the guideline because repairs, replacements or other work have been completed.

must be served at least 48 hours before the time set in the Notice of Hearing.

All other motions must be served as soon as possible and, in any event, at least 15 days before the hearing date set in the Notice of Hearing.

A request to re-open a mediated settlement or a consent order issued under s. 206.1 of the RTA must be served at least 15 days before the hearing date set in the Notice of Hearing.

Unless the LTB orders otherwise, service of all other Requests must be done as soon as possible and, in any event at least 15 days before the hearing date set in the Notice of Hearing.

Where a party is ordered or required to serve an application and Notice of Hearing, a completed Certificate of Service signed by the person who served the application must be filed with the LTB within five days after the application is served unless the LTB amends the time for filing.

Where a landlord has served an Application to Collect Money a Former Tenant Owes and Notice of Hearing, a completed Certificate of Service signed by the person who served the application must be filed with the LTB at least 20 days before the hearing date set in the Notice of Hearing.

Where a party fails to serve as ordered by the LTB or as required under the RTA or these Rules, the LTB may:

1. proceed with the hearing if satisfied there will be no prejudice to any party;

2. adjourn the hearing; or,

3. dismiss the application, motion or request.

An applicant who fails to pay a fine, fee or costs owed to the LTB may not file a new application until the fine, fee or costs owed to the LTB have been paid unless the issues raised in the new application are urgent.

For the purposes of this Rule, applications not considered to be urgent include, but are not limited to:

1. an application for termination and eviction for rent arrears;

2. an application for payment of rent arrears;

3. an application for termination and eviction for non-payment of housing charges; and,

4. an application about maintenance if the tenant is no longer in possession of the rental unit.

Where an application is filed contrary to Rule 6.1 but has not yet been accepted, the hearing has not been scheduled, or has not started, the LTB will send the parties notice that all amounts owing must be paid to the LTB within 15 days of the date of the notice or the applicant must provide submissions on why the application is urgent and should be accepted.

The LTB shall permit the new application to proceed if:

1. the applicant pays the amount owing to the LTB within 15 days of the date of the notice; or,

2. the LTB determines the issues raised in the application are urgent.

The new application shall be discontinued under section 196 of the RTA and any mediation or hearing dates will be cancelled if:

1. the applicant does not pay the amount owing to the LTB within 15 days of the date of the notice; and,

2. the LTB determines the issues raised in the new application are not urgent or the applicant does not file submissions on why the application is urgent and should be accepted.

Where an application is filed contrary to Rule 6.1 and the hearing has begun but has not been completed or a final order has not issued, the application will be stayed until all amounts owing are paid to the LTB by a date to be determined by a LTB Member or the applicant provides submissions on why it would be inappropriate in the particular circumstances to discontinue the application.

The LTB shall permit the hearing to proceed or shall issue a final order if:

1. the applicant pays the amount owing to the LTB by the date determined by a LTB Member; or,

2. a LTB Member determines the issues raised in the application are urgent.

The application shall be discontinued under section 196 of the RTA and any further mediation or hearing dates will be cancelled if:

1. the applicant does not pay the amount owing to the LTB by the date determined by a LTB Member; and

2. the LTB determines the issues raised in the application are not urgent or the applicant does not file submissions on why the application is urgent and should be permitted to proceed.

The application fee will not be refunded if an application is discontinued under section 196 of the RTA for failure to pay a fine, fee or costs.

A landlord's application to Collect Money (Form L2) will not be accepted unless the landlord confirms the tenant is in possession of the rental unit.

An application to terminate a tenancy and evict a tenant for non-payment of rent will not be accepted on or before the termination date in the notice of termination.

An application to terminate a tenancy and evict a tenant based on a notice to terminate the tenancy pursuant to section 62, 64 or 67 will not be accepted if filed before the seven-day remedy period in the notice of termination has expired.

An application to terminate a tenancy and evict a tenant will not be accepted if filed more than 30 days after the termination date in the notice, unless it is an application based on the tenant's failure to pay rent.

An application which is incomplete because it does not include documents required by the RTA, regulations or Rules will not be accepted.

An application to terminate a tenancy and evict a tenant based on a notice of termination pursuant to sections 48, 49 or 50 will not be accepted unless Part C of Schedule A or Part C of Schedule B are complete.

A party, representative, witness or support person is entitled to accommodation by the LTB in accordance with the Human Rights Code and should notify the LTB as soon as possible if accommodation is required.

The LTB may conduct all or part of any pre-hearing conference, CMH or hearing by videoconference or other electronic means, in writing, or in person, as it considers appropriate and as may be permitted in the circumstances.

An objection to an electronic proceeding must be in writing and explain why an electronic hearing will cause the party significant prejudice. The notice of electronic hearing will include the date by which an objection must be filed with the LTB.

An objection to a written hearing must be in writing and explain why there is good reason for not holding a written hearing. The notice of written hearing will include the date by which an objection must be filed with the LTB. The LTB may hold a written hearing unless it is satisfied that there is a good reason not to.

An objection to a written hearing will not be considered for an application under section 132 or 133 of the RTA or an application solely under paragraph 1 of subsection 126 (1) of the RTA.

A party may ask the LTB to issue a summons for a witness by completing and filing a Request for LTB to Issue a Summons form. The request must be made as soon as the party becomes aware a summons is required. Where a party is represented by a lawyer or paralegal the lawyer or paralegal must prepare and submit the summons with the request.

Service of the summons and payment of the attendance money in accordance with Tariff A of the Ontario Rules of Civil Procedure is the responsibility of the party who requested the summons.

LTB hearings are open to the public unless the LTB orders otherwise.

The LTB may, on its own initiative or at the request of a party or a participant in a proceeding, make an order closing some or all of a hearing to the public if:

1. matters involving public security may be disclosed; or
2. intimate financial or personal matters or other matters may be disclosed of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.

The LTB may, on its own initiative or at the request of a party or person who would be affected by the disclosure, make an anonymization order, sealing order or publication ban if:

1. openness poses a serious risk to an important public interest;
2. the order is necessary to prevent this risk because reasonable alternative measures will not be effective; and
3. the benefits of the order will outweigh its negative effects.

A request for an order closing a hearing to the public, an anonymization order, a sealing order or a publication ban should be made in writing before the hearing, or as soon as reasonably possible, with a copy provided to all parties.

The LTB may anonymize or initialize its orders as necessary to protect the identity of children under age 18.

An anonymization order, sealing order or publication ban ordered by the LTB extends to all subsequent LTB proceedings regarding the original application, unless the LTB orders otherwise.

Where the LTB records a hearing, the recording will form part of the record and any party may request a copy of the recording on payment of the required fee. Requests must be made within seven years from the date the file was closed.

On notice to the LTB a party may retain a court reporter to create a transcript of the hearing. The LTB is not responsible for the cost of the reporter. If the transcript is used in the hearing a complete copy must be provided to the LTB and the other parties at the party's expense.

A person seeking authorization from the LTB in accordance with section 29 of the Statutory Powers Procedure Act to take any form of photograph, audio or visual recording of a hearing, or transmit visual or aural representations of a hearing must make the request before the hearing begins.

Parties may be self-represented, represented by a person licensed by the Law Society of Ontario, or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws.

Individuals representing a party before the LTB have duties to both the LTB and the party they are representing. Representatives must provide contact information to the LTB and be available to be contacted promptly. Representatives are responsible for conveying LTB communications and directions to their client. Representatives should be familiar with LTB rules and procedures, communicate the LTB's expectations to their client, and provide timely responses to the other parties and the LTB.

Where a representative begins or ceases to act for a client, the representative must immediately advise the LTB and the other parties in writing and provide up-to-date contact information for the party and any new representative. Where a representative ceases to act for a client the LTB may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings.

The LTB may disqualify a representative from appearing before it where the representative's continued appearance would lead to an abuse of process.

This Rule applies where a person seeks to be a litigation guardian for a party. It does not apply where no litigation guardian is required as a result of the nature of the proceeding.

Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative.

A litigation guardian for a minor under the age of 18 is required to file a signed declaration in the form designated by the LTB, confirming:

1. the litigation guardian's consent to serve in this role;

2. the minor's date of birth;

3. the nature of the relationship to the minor;

4. that any other person with custody or legal guardianship of the minor has been provided with a copy of the materials in the proceeding and a copy of the LTB Practice Direction on Litigation Guardians;

5. that the litigation guardian has no interest that conflicts with those of the person represented;

6. an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule 7.24; and

7. that the litigation guardian is at least 18 years of age and understands the nature of the proceeding.

A litigation guardian for a person who lacks mental capacity to participate in the LTB proceeding must file a signed declaration in the form designated by the LTB, confirming:

1. the litigation guardian's consent to serve in this role;

2. the nature of the litigation guardian's relationship to the person represented;

3. reasons for believing that the person is not mentally capable of participating in the proceeding;

4. the nature and extent of the disability causing the mental incapacity;

5. that no other person has authority to be the person's litigation guardian in the proceeding;

6. that any person who holds power of attorney or guardianship for the person for other matters has been provided with a copy of the materials in the proceeding and a copy of the LTB Practice Direction on Litigation Guardians;

7. that the litigation guardian has no interest that conflicts with the interests of the person represented;

8. an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule 7.24; and

9. that the litigation guardian is at least 18 years of age and understands the nature of the proceeding.

Upon the filing of a complete declaration as required by this Rule and unless refused or removed by the LTB, the person may act as litigation guardian for the party.

The LTB will review the declaration and may direct submissions by the parties on whether the litigation guardian should be refused pursuant to Rule 7.23.

Upon review of the declaration, or at any later time in the proceeding, the LTB may refuse or remove a litigation guardian on its own initiative or at the request of any person because:

1. the litigation guardian has an interest that conflicts with the interests of the person represented;

2. the appointment conflicts with the substitute decision making authority of another person;

3. the person has capacity to conduct or continue the proceeding;

4. the litigation guardian is unable or unwilling to continue in this role;

5. a more appropriate person seeks to be litigation guardian; or

6. no litigation guardian is needed to conduct the proceeding.

A litigation guardian shall diligently attend to the interests of the person represented and shall take all steps necessary for the protection of those interests including:

1. to the extent possible, informing and consulting with the person represented about the proceedings;

2. considering the impact of the proceeding on the person represented;

3. deciding whether to retain a representative and providing instructions to the representative; and

4. assisting in gathering evidence to support the proceeding and putting forward the best possible case to the LTB.

No one may be compensated for serving as a litigation guardian unless provided for by law or a pre-existing agreement.

When a minor who was represented by a litigation guardian turns 18, the role of the litigation guardian will automatically end.

The LTB may exercise its discretion to order parties to attend a pre-hearing conference where it considers necessary.

The purpose of the pre-hearing conference is to:

1. identify and simplify the issues in dispute;

2. identify agreements on facts or evidence;

3. set dates by which any steps in the proceeding are to be taken or begun;

4. estimate the length of hearing; and

5. make any other agreements or directions that are appropriate.

The LTB may require parties to attend a CMH in any application before it.

The CMH may be used to mediate some or all the issues in dispute and the Mediation Rule applies to a mediation conducted as part of a CMH. A representative who attends the CMH on behalf of a party must have the authority to participate in all aspects of the CMH including the ability to agree to a settlement or to obtain instructions about settlement during the CMH.

If the parties do not consent to mediate or cannot settle all the issues in dispute, the LTB may make case management orders to:

1. decide preliminary or jurisdictional issues;

2. identify and simplify the issues in dispute;

3. identify agreements on facts or evidence;

4. set dates by which any steps in the proceeding are to be taken or begun;

5. estimate the length of hearing; and

6. assist in the just and most expeditious disposition of the application.

An application may be dismissed as abandoned if the applicant fails to attend a CMH and there are no exceptional circumstances to explain the absence.

Where a respondent fails to attend the CMH and there are no exceptional circumstances to explain the absence, the respondent may be deemed to accept all of the facts and allegations in an application, the hearing may proceed without further notice to the respondent and the LTB may decide the application based on the evidence before it.

A landlord who applies for an order to:

1. evict a tenant for non-payment of rent and to collect rent the tenant owes; or,

2. collect the rent the tenant owes,

must complete the "L1/L9 - Information Update" form containing complete and accurate information about the tenancy and any arrears of rent owed and rent that will come due as of the day of the hearing.

Unless the LTB orders or directs otherwise, the landlord must provide a completed L1/L9 Update form to the LTB and each tenant at least 5 days before the hearing. If the hearing is in person, the landlord shall also provide the completed form to the LTB and each tenant at the hearing.

Where a landlord has not complied with Rule 10.2 the LTB may:

1. direct that the L1/L9 Update form be completed during the hearing;

2. proceed with other matters until the L1/L9 Update form has been completed; and/or

3. decline to award the landlord their costs of filing the application.

Where the LTB issues a Notice of Written Hearing in an above guideline rent increase application, any response must be filed no later than 50 days after the date on the Notice. The response need not be delivered to the applicant or other respondents. The applicant is responsible for determining whether responses have been filed with the LTB.

The response must identify:

1. the issues in dispute and provide the respondent's submissions on them;

2. any remedy or relief requested; and

3. attach any documents that support the respondent's position.

The applicant may file a reply to a response no later than 65 days after the date on the Notice.

An applicant claiming under s.126(1)1 or 3 must be prepared to disclose the rent for each rental unit in the residential complex and the date that rent was established for a new tenant or was last increased for an existing tenant.

An applicant claiming under s. 126(1)2 must file a detailed list of rents with the application.

The complete application must provide information requested in each section of the application and include all relevant facts not contained in the Notice of Termination (where applicable) on which the applicant intends to rely.

The application must include a signed declaration from a person with authority to bind the applicant certifying that the respondent's occupancy rights were terminated in accordance with the requirements of s.171.8 of the Co-operative Corporations Act.

A respondent must complete a response responding to all allegations in the application and including any additional facts and issues on which the respondent intends to rely.

The response must be filed with the LTB and delivered to the applicant as soon as possible, but no later than the date specified in the Notice of Hearings.

Where no response is filed, the respondent may be deemed to have accepted all of the facts and allegations in the application and the LTB may decide the application based only on the material before it.

The LTB may offer mediation and dispute resolution services to parties. Parties may agree to mediate some or all of the issues in dispute.

Mediation is required in care home transfer applications.

A party need not attend the mediation provided the party has a representative and the representative:

1. has filed a written agreement signed by the party giving the representative the authority to mediate and to agree to a settlement; or

2. is a lawyer or paralegal licensed to practice in Ontario and confirms the party has authorized them to mediate and to agree to a settlement; or

3. confirms the party has authorised the representative to mediate and agrees to a settlement and the other participating parties and the DRO agree to proceed with the mediation in these circumstances.

Where parties have settled or are close to a settlement of the issues between them without the assistance of a DRO, they may request a DRO facilitate a mediated settlement.

Anything said during a mediation or communications made during Online Dispute Resolution, including any offer to settle, is confidential and may not be used before the LTB or in any other proceedings. Communications made during Online Dispute Resolution may be viewed by LTB staff if a party reports inappropriate conduct by another party, the parties ask for the assistance of a DRO or the parties inform the LTB they have reached an agreement. Communications made during Online Dispute Resolution may not be viewed by an LTB Member.

DROs shall not reveal information obtained in mediation to any other person including a Member. DROs cannot be compelled to give testimony or produce documents in any civil proceeding with respect to matters that come to their attention in the course of their duties including mediation. This Rule cannot be waived.

Where a DRO has facilitated settlement the parties may agree to resolve the application through a mediated settlement and ask the LTB to close its file on that basis. A mediated settlement is not an LTB order.

Where a party has paid money into the LTB, the DRO will direct payment out of the funds as required by the mediated settlement.

Where parties agree to amend an application as part of a mediated settlement the application will be considered amended.

Except where the parties agree otherwise, copies of mediated settlements are confidential, the property of the parties and will not be retained by the LTB.

A party to an application that has been resolved by a mediated settlement may ask the LTB to re-open the application if:

1. the other party does not meet a term of the mediated settlement;

2. the party making the request lacked the capacity to enter into the mediated settlement; or

3. during the mediation, the other party coerced them or deliberately made false or misleading representations which had a material effect on the settlement.

A request to re-open an application resolved by a mediated settlement must be in writing, provide the facts or reasons supporting the request, and attach a copy of the mediated settlement. The request to re-open must be filed with the LTB no later than one year after the mediated settlement was signed unless the parties agree to a longer time.

A request to re-open cannot be made for an application resolved by an order issued by the LTB, except for an application resolved by an order issued pursuant to s. 206(1) of the RTA.

Where all parties consent, some or all of the terms of a settlement may be made part of an order.

If the LTB is satisfied that the terms of the settlement are consistent with the RTA it may issue a consent order as requested by the parties or another more appropriate order based on the parties' settlement.

A request to amend an application before the hearing must be:

1. in writing;

2. served with the amended application to all other parties; and

3. filed with LTB with the amended application and a completed Certificate of Service.

Where the request to amend requires the LTB to revise the Notice of Hearing, the applicant must serve the revised Notice of Hearing to all other parties and file a Certificate of Service within 7 days of receiving the revised Notice.

The request to amend will be decided at the hearing after considering:

1. whether the amendment was requested as soon as the need for it was known;

2. any prejudice a party may experience as a result of the amendment;

3. whether the amendment is significant enough to warrant any delay that may be caused by the amendment;

4. whether the amendment is necessary and was requested in good faith; and

5. any other relevant factors.

The LTB may exercise its discretion to grant a request to amend made at the hearing if satisfied the amendment is appropriate, would not prejudice any party and is consistent with a fair and expeditious proceeding.

Except where an extension of time is prohibited by the RTA, the LTB may consider a request to extend or shorten time for doing anything if the request is:

1. in writing;

2. provides reasons in support of the request; and

3. filed as required by these Rules.

Absent exceptional circumstances, a request to extend time to file a:

1. landlord's motion to set aside an order made under s.74(6);

2. tenant's motion to set aside an order made under s.77(4);

3. tenant's motion to set aside an order made under s.78(6) or (7);

4. landlord's application for a determination of whether grounds for refusing consent to an assignment of a site for a mobile home are reasonable;

5. landlord's request for a review of a work order;

6. request to amend an order; and

7. request to review a decision or order,

must be filed together with the motion, application or request.

If an extension of time is granted where the document was not filed with the request the LTB will direct that the document be filed, and any filing fee be paid, by a specific date failing which the document will be refused.

The following factors may be considered in deciding requests to extend or shorten any time requirement under the RTA or these Rules:

1. the length of the delay, and the reason for it;

2. any prejudice a party may experience;

3. whether any potential prejudice may be remedied;

4. whether the request is made in good faith; and

5. any other relevant factors.

A request to extend or shorten time may be decided without requesting submissions from other parties to the application.

Where a request to extend or shorten time is denied, the requesting party may not make further requests to extend or shorten the same time requirement, unless there has been a significant change in circumstances.

If the request to extend or shorten time is granted, the document is deemed to be received on the date on which the party filed it.

Where an application is being heard in writing, it may be withdrawn without consent at any time before the day on which the applicant's written submissions are due. The applicant must notify the LTB and the other parties of the withdrawal as soon as possible.

An applicant may withdraw an application without consent at any time before the oral or electronic hearing begins unless it is for an order that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit in which case it cannot be withdrawn without the consent of a Member or DRO. The applicant must notify the LTB and the other parties of the withdrawal as soon as possible.

An oral or electronic hearing begins when parties first come before the Member or DRO and this includes an appearance on a preliminary matter. After an oral or electronic hearing begins the application cannot be withdrawn without the consent of the Member or DRO.

When an application is created as the result of severing another application, any procedural requirements or issues that were resolved in the original application continue to apply to the severed application, unless the LTB decides otherwise.

Unless the LTB has directed or ordered otherwise, all parties to a matter that has been scheduled for a CMH or a hearing must provide the other parties and the LTB with a copy of all documents, pictures and other evidence that the party intends to rely upon at least 7 days before the CMH or hearing. The evidence must be provided to the other parties using one of the methods of service identified in the RTA or Rule 3.

Uploading documents, pictures and other evidence to TOP is not a permitted method of providing evidence to a party, other than to the LTB, unless that party has consented in writing to accept service through TOP. The written consent must be uploaded to TOP.

Where a party has provided evidence in accordance with Rule 19.1, the other parties must provide any responding documents, pictures and other evidence that the party intends to rely upon to the other parties and the LTB at least 5 days before the scheduled CMH or hearing.

At any time before the hearing has been completed, a party may be directed or ordered to disclose and exchange documents or any other material relevant to the proceeding unless the LTB is satisfied the document is privileged.

A tenant who intends to raise issues under sections 82(1) or 87(2) of the RTA during a hearing for a landlord’s application about rent arrears must, at least 7 days before the scheduled CMH or hearing:

1. make the payment required by subsection 82(2) of the RTA; and
2. provide the other parties and the LTB with a written description of each issue the tenant intends to raise.

Rule 19.4 cannot be waived except where required by the Human Rights Code.

If the landlord’s application about rent arrears was filed before September 21, 2026:

1. Rule 19.4(a) does not apply; and,
2. a tenant who fails to comply with Rule 19.4(b) shall be permitted to raise issues under sections 82(1) or 87(2) of the RTA during a hearing for a landlord’s application about rent arrears if the LTB is satisfied the tenant could not comply with the requirements to provide notice.

Where a tenant has complied with Rule 19.4, they must provide the landlord and LTB with a copy of all documents, pictures and other evidence they intend to rely upon at the hearing at least 7 days before the scheduled hearing.

Where a tenant has provided a landlord with issues and disclosure in accordance with Rules 19.4 and 19.6, the landlord must provide the other parties and the LTB with any responding documents, pictures and other evidence the Landlord intends to rely upon at least 5 days before the scheduled hearing.

A party who fails to comply with Rule 19 or an order or direction for disclosure may not rely on the evidence that was not disclosed as directed or ordered, unless otherwise ordered.

If, before an order is issued, a tenant pays money to the LTB which is at least the amount required to discontinue the application, the LTB shall:

1. direct that the amount that would be required to discontinue the application be paid out to the landlord,

2. direct that any excess be paid to the tenant, and

3. order that the application is discontinued without holding a hearing.

If, after an order is issued but before it becomes enforceable, a tenant pays the LTB at least the amount required to void the order, the LTB will:

1. direct that the amount required to void the order be paid to the landlord,

2. direct that any excess be paid to the tenant, and

3. issue a Notice confirming that the eviction order based on arrears of rent is void.

If, after an order is issued but before it becomes enforceable, a tenant pays the LTB less than the amount required to void the order and the tenant does not file a motion to set aside the order, the LTB will:

1. direct the money be returned to the tenant, once the order has become enforceable, and

2. issue a Notice to the parties confirming that the order is not void.

If, after an order is issued but before it becomes enforceable, a tenant pays the LTB less than the amount required to void the order and files a motion to set aside the order, the LTB will, when issuing its order, direct payment of the money be returned to the tenant.

If, after an order becomes enforceable, a tenant pays the LTB the amount required to void the order and files a motion to set aside the order the LTB will:

1. direct the amount required to void the order be paid to the landlord; and

2. direct any excess be paid to the tenant.

If, after an order becomes enforceable, a tenant pays less than the amount required to void the order, the LTB will direct any money paid to the LTB be returned to the tenant.

If a tenant pays at least the amount specified for enforcement costs in a set aside order by the date in the order, the LTB will:

1. issue a Notice confirming that the eviction order based on arrears of rent is void;

2. direct that the amount that would be required to void the order be paid to the landlord; and

3. direct that any excess shall be paid to the tenant.

Where a tenant is ordered to pay an amount to the LTB for enforcement costs by a specified date and fails to do so the LTB will:

1. issue a Notice confirming the amount was not paid and lifting the stay of the set aside order; and

2. direct that any money paid in to the LTB be paid out to the tenant.

A tenant who has filed an application about maintenance may ask for the LTB's consent to pay future rent into the LTB until the application is resolved. Unless the request is made at the hearing, it must be in writing, and must specify:

1. the amount of rent the tenant is required to pay and the date rent payments are due under the tenancy agreement;

2. the amount of rent the tenant wishes to pay in and the rent period(s) or portion(s) of rent period(s) covered by that amount; and

3. the reasons why the tenant believes the LTB should allow the request.

Where the request is made before the hearing starts it will be decided without seeking submissions from the other parties. If the request is denied, the LTB will not consider any further requests to pay in before the hearing begins.

The Member may consider submissions from the other parties when deciding a request to pay in made at the hearing and will issue an interim order if the request is allowed.

Where an interim order for payment in is made the Member will direct payment out at the time of issuing a final order, or, if the application is resolved by mediation, the DRO will direct payment out in accordance with the Rules.

Parties may agree to ask the LTB to reschedule a CMH or hearing prior to the scheduled date. The request to reschedule must be on consent of all parties and received by the LTB as soon as reasonably possible and not less than 5 business days before the scheduled date. Consent is required even where the notice of hearing and application have not been delivered to the responding parties.

A request to reschedule a CMH or hearing received by the LTB less than 5 business days prior to the scheduled date or not on consent of all the parties may be granted if a Member or Hearing Officer is satisfied that it was not reasonably possible for the party making the request to comply with Rule 21.1.

The party requesting rescheduling must file a list of the dates each party and any representative is unavailable to attend a CMH or hearing in the three-month period after the date of the scheduled hearing.

If the request is denied, or has not been considered before the hearing, the CMH or hearing will proceed on the scheduled date. If the applicant does not attend the hearing, the application may be dismissed. If the respondent does not attend the hearing, the LTB may proceed in their absence.

If the LTB receives a request to reschedule a CMH, the LTB may, instead of granting the request, cancel the CMH and schedule a hearing.

A request to reschedule a CMH or a hearing for an application made under section 126 of the RTA will only be considered in exceptional circumstances.

A party may request an adjournment at the beginning of a CMH or hearing.

A CMH or hearing may be adjourned at the discretion of a Hearing Officer or Member where satisfied that an adjournment is required to permit an adequate hearing to be held. Relevant factors the LTB may consider in deciding the request include:

1. the reason for the adjournment and position of the parties;

2. the issues in the application;

3. any prejudice that may result from granting or denying the request;

4. the history of the proceeding including other adjournments or rescheduling; and

5. the LTB’s obligation to adopt the most expeditious method of determining the questions arising in a proceeding that affords to all persons directly affected by the proceeding an adequate opportunity to know the issues and be heard on the matter.

A request to adjourn a CMH or a hearing for an application made under section 126 of the RTA will only be considered in exceptional circumstances.

A copy of the LTB's order and any reasons will be sent to each party and/or their representative by email or regular mail to their last known address unless otherwise directed by the LTB.

A party may request written reasons for an order either:

1. orally at the hearing; or

2. in writing within 30 days after the order which does not contain reasons is issued, unless the time for requesting written reasons has been extended in accordance with these Rules.

Where reasons are necessary for purposes of deciding a request for review, the Member who issued the order under review will provide reasons promptly without knowledge of the basis or content of the review request.

Where the LTB receives a request for reasons for an order under appeal the Member who issued the order will provide reasons promptly without knowledge of the basis or content of the appeal.

Rule 22 cannot be waived.

If the applicant is successful, the LTB may order the respondent to pay the application fee to the applicant as costs.

A member may exercise discretion to order a party to pay another party's:

1. representation/preparation fees; and

2. other out-of-pocket expenses.

Where the LTB orders a party to pay the representation/preparation fees incurred by another party, these fees shall not exceed $100 per hour for the services of a paid representative to a maximum of $700.

A party who engages in unreasonable conduct which causes undue delay or expense may be ordered to pay costs to another party.

A party or a paid representative may be ordered to pay the LTB for its costs of a proceeding. Hearing costs will not exceed $100 per hour to a maximum of $700.

The LTB will not order a paid representative to pay its costs unless those costs result from the paid representative's conduct.

A party to an order or any person directly affected by the order may request the LTB to correct a clerical error in an order within 30 days from the date the order or decision is issued.

The LTB may amend an order to correct a clerical error on its own initiative without seeking submissions from the parties or holding a hearing.

If an order is amended to correct a clerical error, the LTB may also amend or update other provisions of the order as necessary.

On its own initiative the LTB may stay an order pending the resolution of a request to amend the order or revoke a stay at any time without obtaining submissions from any party or holding a hearing.

A request to amend an order must:

1. be in writing and signed by the person making the request;

2. include the LTB file number, the address of the rental unit, member unit or residential complex, the requestor's name and complete contact information; and

3. identify precisely the amendment requested.

A party may ask the LTB to stay its order pending a decision on the request to amend. The request to stay must be in writing and identify the prejudice the party will experience if the order is not stayed.

The party who files a set aside motion must immediately take a copy of the motion, the Notice of Hearing and Stay to the Court Enforcement Office. This Rule does not apply to a set aside motion filed by a landlord under s.74(9).

If the LTB issues a notice or an order which confirms that an eviction order is void, the tenant must immediately take a copy of the notice or order to the Court Enforcement Office.

If the LTB issues an order staying an earlier order, the party who asked to stay the earlier order must immediately take a copy of the order staying it to the Court Enforcement Office.

Any party may request review of any order which makes a final determination of the party's rights. For these purposes an interim order may contain a final determination of rights. A person who is directly affected by a final order may also request a review of an order.

The parties to the request to review are the parties to the order, the person requesting the review, and any other person added to the proceedings by the LTB.

The LTB may review an order on its own initiative where it considers appropriate and will issue directions to the parties with respect to the conduct of the review. A party or a directly affected person cannot request an LTB initiated review of an order.

A request to review an order or an amended order issued by the LTB before July 1, 2026, must be made within 30 days of the order being issued.

A request to review an order or an amended order issued by the LTB on or after July 1, 2026, must be made within 15 days of the order being issued in accordance with section 209(3) of the RTA.

If the request to review an order is made after the deadline contained in Rule 26.4-26.5 the requestor must also file a request for an extension of time and give reasons explaining the delay.

A request to review an order must:

1. be in writing;

2. use characters of at least 12-point font, contain a margin of approximately 40 millimetres on the left-hand side and not exceed 10 double-spaced pages in length. The 10 pages does not include the LTB approved form and any evidence and cases being relied upon;

3. be signed by the requestor or the requestor's representative; and

4. be accompanied by the required fee.

A request to review an order must:

1. provide the order number;

2. provide the address of the rental unit or member unit;

3. provide the requestor's name, address and telephone number;

4. if the requestor is not a party to the order, explain the requestor's interest in the order;

5. identify one of the following circumstances for review contained in O. Reg 178/26:

   1. not reasonably able to participate in the proceeding;

   2. the order is the consequence of a serious error; or

   3. new evidence that could not have been obtained before the decision was made and would likely have affected the result.

6. provide sufficient information to support a preliminary finding that one or more of the circumstances in paragraph (e) applies;

7. provide an explanation of how the order should be changed;

8. if seeking to stay the order, explain why a stay is necessary and any prejudice or harm that may result if a stay is not ordered;

9. provide information about any appeal of the order; and

10. where there is an appeal of the order, the requestor's position on whether the LTB should lift any stay resulting from the appeal.

The LTB may refuse to accept a request to review an order that does not comply with all the requirements in Rule 26.

The LTB will conduct a preliminary review of the request and may exercise its discretion to:

1. dismiss the request because it was not filed in time;

2. extend the time for making the request;

3. dismiss the request, including where not satisfied that one of the circumstances for review contained in O.Reg 178/26 may exist; or

4. direct a review hearing of some or all of the issues raised in the request and, where appropriate, make any interim orders.

A party may request a stay of the order as part of the request to review or at any point in the review process. A request for a stay must be in writing and describe any prejudice resulting from a refusal to grant the stay.

The LTB may stay or lift a stay of the order at any point in the review process on the request of a party or on its own initiative, without seeking submissions or holding a hearing. The LTB may include conditions in its order staying or lifting a stay.

The review hearing may be conducted by videoconference or other electronic means, in writing, or in person, as the LTB considers appropriate.

Any Member, including the Member whose order is the subject of the request to review, may be assigned to conduct the review hearing.

If the request to review is dismissed the LTB will lift any stay and confirm the order under review.

If the request to review is granted the reviewing Member will identify the issues to be re-heard. The Member may include issues not identified in the request but which the Member finds may amount to a serious error in the order.

Unless otherwise directed, the re-hearing will begin immediately after the request to review is granted. Parties must be prepared to proceed with re-hearing.

Following the re-hearing the LTB may confirm, vary, suspend or cancel the order, and lift any stay if necessary.

The LTB will not consider a further request to review the same order or to review the review order from the same requesting party.

A party or directly affected person may request a review of the same order on different grounds provided the requestor's interests in the proceeding are different from those of the first requestor.

If the LTB has made an interim order following the preliminary review or has begun hearing the request to review, the requestor must obtain the LTB's consent to withdraw the review request.

A party must submit a written inquiry to the LTB about the status of a hearing or decision before making a motion asking the LTB to assign the proceeding to another Member.

The LTB will not accept a motion asking the LTB to assign a proceeding to another Member until at least 90 days after the later of:

1. the last hearing date (and there are no further hearing dates scheduled or expected to be scheduled); or

2. the deadline for any post-hearing submission established by the Member (if applicable); or

3. the last deadline for submissions in the case of a written hearing.

The motion may be decided without a hearing and without submissions from other parties.