The Landlord and Tenant Board (LTB) started the T2/T6 Case Management Hearings (CMH) Pilot in October. The feedback has been positive thus far but there are some questions about the rescheduling and adjourning rules.
CMHs rescheduled or adjourned only in exceptional circumstances
The LTB rules for granting a request to reschedule or adjourn a CMH are different than the LTB’s current practice. Requests to reschedule or adjourn a CMH will only be granted by the LTB in “exceptional circumstances”. (Rule 36 – Case Management Hearings and the Practice Direction)
Reason for a request must be provided even if there is consent
Even if both parties consent to reschedule or adjourn a CMH, that is not sufficient reason for the LTB to grant the request. Parties must provide the reason for their request. The LTB Hearing Officer or Member will consider the merits of each individual request to determine whether or not there are exceptional circumstances. If the request is granted, the Hearing Officer or Member will decide whether the matter should proceed to a merits hearing or to a new CMH.
What is an “exceptional circumstance”?
Exceptional circumstances might include a need to respond to an accommodation request under the Human Rights Code, or an illness or death in the family. A scheduling conflict of a party or their representative would not normally be considered an “exceptional circumstance”. The LTB will work with the party or representative so that if possible, both the CMH and the other hearing can proceed as scheduled.
Parties must attend their CMH and be prepared to proceed
Parties must attend their CMH at the scheduled time and be prepared to proceed unless the LTB informs them that the request to reschedule has been granted. If a representative attends on behalf of a party, he or she is expected to have full authority to act on the party’s behalf in all aspects of the CMH. Parties and their representatives who do not participate in good faith in a CMH could be ordered to pay costs at the merits hearing if their lack of participation leads to delays in resolving the application.
What if a party does not attend and is not represented at the CMH?
If the applicant fails to attend the CMH, the application may be dismissed as abandoned. If the respondent fails to attend the CMH, the respondent may be deemed to have accepted all of the facts and allegations in the application, the hearing may proceed without further notice to the respondent, and the LTB may decide the application based on the materials before it.