This information sheet explains what Landlord and Tenant Board (LTB) records and information are open to the public and when confidentiality may apply.
What information is public
Most LTB hearings and records are open to the public. This is consistent with the open court principle, the Tribunal Adjudicative Records Act, 2019 (TARA), and Tribunals Ontario’s Access to Records Policy.
Under TARA, many types of documents used in a proceeding must be made publicly available. These are considered “adjudicative records” and include:
- applications and documents that start a proceeding
- notices of hearing
- written submissions
- evidence admitted at a hearing
- transcripts of oral evidence
- decisions and orders (including eviction orders)
- hearing dockets and schedules
These records may contain names, addresses, and other personal information.
Internal documents such as draft decisions, adjudicator notes, or settlement discussions are not part of the public record.
Communications made with the intention of settling ongoing proceedings are without prejudice and are subject to settlement privilege. In accordance with the principle of settlement privilege, mediations (although they may be called a hearing or take place during time scheduled for a hearing) are not open to the public.
Children’s names are generally anonymized. Additionally, where a hearing includes information that is protected by the Youth Criminal Justice Act, S.C. 2002, or Child Youth and Family Services Act, 2017, S.O. 2017, c. 14, including information relating to young persons who have been the subject of an investigation of any offence and young persons who have allegedly been a victim or a witness of such an offence, information contained in the case file will not be published or released without a court order.
Will the information on my LTB file be publicly available?
LTB decisions and orders are generally publicly available. The LTB will not generally remove names, addresses, or other information contained in decisions and orders unless confidentiality is granted.
Other adjudicative records may be released to members of the public upon request in accordance with Tribunals Ontario’s Access to Records Policy, unless protected by law, such as by specific legislation or where the LTB has issued a confidentiality order restricting access and/or publication.
The LTB also discloses hearing recordings to parties upon completion of the Request for Hearing Recording form and payment of the required fee.
Providing your address on an LTB application
When completing an LTB application, the applicant must provide an address for all parties.
If an applicant does not want to share their home address, they may provide a “care of” (c/o) address instead. This may include:
- a friend or family member’s address (with their permission)
- a community organization
- a lawyer or legal clinic
- a work mailing address
A c/o address enables the LTB to send the applicant important information while keeping their home address private during the application stage. It does not prevent an applicant’s information from appearing in a decision or order. To remove information from public decisions or orders, confidentiality must be granted.
Confidentiality orders
Confidentiality orders will only be granted in exceptional circumstances to preserve the integrity of the open court principle as discussed below and will not be granted merely because someone desires privacy. If a party asks, or the LTB considers, that access to adjudicative records relating to a proceeding should be restricted and/or a publication ban issued, the LTB may issue one or more of the following types of orders:
- an Anonymization Order/Redaction Order: An order anonymizing an individual's name or other identifying information in the LTB’s order and/or case file.
- a Sealing Order: An order restricting access by third parties to all or part of the adjudicative records in a proceeding for the duration of the proceeding and, where appropriate, beyond.
- a Publication Ban: An order restricting the publication of all or certain information anywhere including on the internet, in print, on the radio or via television broadcast, telecommunication, or other electronic means, for the duration of the proceeding, and where appropriate, beyond.
For confidentiality to be granted, you must show that:
- public access to your information would create a serious risk of harm to an important public interest,
- the order sought is necessary to prevent the risk and alternative measures will not prevent the risk; and
- the need to protect your information outweighs the public interest in transparency. That is, the benefits of the order outweigh its negative effects.
In deciding whether to grant a confidentiality order, an adjudicator considers a number of factors, including:
- the specific facts and evidence of the circumstances submitted by the parties;
- the public interests that may be affected by an order;
- the scope of the order that may be required, including any conditions;
- whether the request is based on something more than a mere desire for privacy;
- whether the disclosure of certain information would cause harm to public security or to the government, including consideration of the disclosure of confidential economic information, information concerning issues of national security or information concerning on-going police investigations;
- the likelihood that the person will experience the type and gravity of harm that they say they will if intimate details of their life, including, financial and/or health information, were made public;
- whether the case involves any details relating to offences of sexual assault, harassment, child exploitation or any similar offences such that there exists a possibility that the identity of an alleged victim or a protected witness might be disclosed; and
- whether a witness' testimony would be compromised if not given in a closed setting.
How to request confidentiality
Requests for confidentiality orders should be made in writing and filed with the LTB before the hearing, and as soon as the need for the request arises.
The party seeking a confidentiality order should provide a copy of their request to all other parties. Parties seeking confidentiality orders should include with their request the reasons for the request. Regardless of the type of confidentiality order sought, there must be sufficient evidence to establish that a confidentiality order be granted.
A party can request a confidentiality order by submitting a written request through the Tribunals Ontario Portal, email, mail, courier or at a ServiceOntario location.
The request should include:
- what information they want kept confidential,
- why disclosure would cause harm, and
- any supporting documents (e.g., police reports, restraining orders)
Requests for confidentiality orders should be made at the earliest opportunity.
Accessing LTB records
Adjudicative records relating to LTB proceedings may be released to members of the public upon request in accordance with Tribunals Ontario’s Access to Records Policy, unless protected by law such as by specific legislation or where the LTB has issued a confidentiality order restricting access and/or publication.
Most LTB records are available to the public. The public can:
- access some LTB orders on the Ontario government's Open Data Catalogue (ODC)
- access some LTB orders issued from 2002 onward on the Canadian Legal Information Institute's (CanLII) website, a non-profit organization.
- request non-adjudicative records pursuant to the Freedom of Information and Protection of Privacy Act
For more information about Tribunals Ontario’s approach to privacy and access to records, read our Access to Records Policy.
Important note for applicants
Before filing an application with the LTB, applicants should note that, if your application results in a decision or order, it will normally become a public record. It may include your name, address, and other information from your case.
If you have concerns about safety or privacy, you should raise them to the adjudicator as early in the application process as possible.