LTB Hearing Preparation Guide

Before the Hearing

Your hearing might be weeks or months away. Use this time to prepare thoroughly. The better prepared you are, the calmer and more confident you'll feel on hearing day.

Build Your Evidence Binder (Immediately)

Start this project as soon as you file your application. You'll need two printed copies: one for yourself, one for the adjudicator. Here's how:

Binder Organization

• Tab 1: Master Timeline - One page showing all key dates in chronological order
• Tab 2: Lease/Tenancy Details - Copy of your lease, move-in date, rent amount
• Tab 3: Repair Requests or Complaints - All emails/notices requesting action, in order
• Tab 4: Photos & Videos - Printed photos with dates and descriptions (e.g., "Water stain, March 15")
• Tab 5: Communications - Printed emails, text message screenshots, all dated
• Tab 6: Receipts & Invoices - Any money you spent (repairs, supplies, inspector fees)
• Tab 7: Professional Reports - Home inspector reports, health department notices, etc.
• Tab 8: Witness Statements - Signed statements from anyone who witnessed the issue
• Tab 9: Your LTB Application - The application you filed, with the LTB's confirmation

Binder Best Practices

• Number every page (1, 2, 3...). In your opening statement, you'll say "Exhibit 1" when referring to a page
• Use page protectors so documents don't get damaged or marked up
• Include a table of contents so the adjudicator can find things
• Print in color when possible (especially for photos)
• Keep your binder organized. If the adjudicator asks for "the March email," you should find it in 3 seconds

Review Your Case

Read your entire application and all supporting documents. Make notes on:

• Key dates and what they show
• Your strongest pieces of evidence
• Likely arguments your landlord will make
• How you'll counter those arguments
• What you're asking for (specific remedies)

Practice Your Statement

Your opening statement is crucial. You'll have a few minutes to present your case before the adjudicator. Practice this out loud multiple times:

"Thank you. I'm [name], the tenant at [address]. I filed this application because my landlord failed to maintain the unit. On March 15, I discovered a water stain on the living room ceiling. I requested repairs on March 18 via email (Exhibit 3). Despite two follow-up requests, my landlord did not respond or send a plumber. As of [today], the stain has grown and mold has appeared. This violates RTA s.20, which requires landlords to maintain units in good repair. I'm requesting an order for repairs and a 25% rent abatement."

Practice Timing

Time yourself. Your opening statement should take 3-5 minutes. If it's longer, you're including too much detail. Practice speaking clearly and calmly—not fast or slow.

Anticipate Questions

The adjudicator and your landlord will ask questions. Think about likely questions and practice answering:

• "Why didn't you hire someone to fix it yourself?" (Answer: "The lease required the landlord to maintain it" or "I'm a renter and didn't want to damage the property")
• "Did you ever respond to the landlord's offer to fix it?" (Answer: "Yes, I said [specific date]" with document to back it up)
• "What damages are you claiming?" (Answer: "I had to stay elsewhere for [X] nights, costing me $X")

Know Your RTA References

You don't need to memorize the RTA, but know which sections support your case:

• RTA s.20: Landlord maintenance duty
• RTA s.27: Landlord's right of entry (with notice)
• RTA s.29: Tenant's right to apply to LTB
• RTA s.116: Rent increase guidelines
• RTA s.48.1: Bad faith eviction prohibition

When presenting your case, you don't need to quote them. Just reference them: "This violates RTA s.20, which requires landlords to maintain units."

Get Adequate Sleep the Night Before

The night before your hearing, don't cram. Get a good night's sleep. Your mind works better when you're rested. You've prepared—trust your preparation.

What to Bring

Bring everything you might need. It's better to have too much than to realize mid-hearing you forgot something critical.

Essential Documents

• Your Evidence Binder: Two copies (one for you, one for the adjudicator)
• Your LTB Confirmation: Email showing your application was filed and case number
• Photo ID: You'll need to verify your identity
• Your Lease: Copy of the lease showing key terms
• Rent Payment Records: Bank statements or cancelled checks showing you paid rent

Supporting Materials

• Master timeline (printed, even though it's in the binder)
• List of remedies you're requesting (specific amounts if claiming damages)
• Professional reports (inspector, health department, etc.)
• Witness contact information (you might need to call them during the hearing)

Comfort Items (For Your Benefit)

• Water bottle (you'll be nervous and dry-mouthed)
• Tissues (in case you get emotional)
• Notes with key facts and figures written down (for reference if you forget in the moment)
• Pen and paper to take notes if the adjudicator asks questions

What NOT to Bring

• Your laptop or phone for "evidence" (if you need it, print it first)
• Emotional letters or angry rants you wrote (not relevant)
• Personal items that aren't directly relevant (photos of your family, medical records unrelated to the case)
• Anything you're not comfortable sharing publicly (hearings can be open to the public)

For Virtual/Phone Hearings

If your hearing is by video or phone:

• Ensure you have strong internet/phone signal
• Test your camera and microphone before the hearing
• Dress professionally (the adjudicator and your landlord will see you)
• Find a quiet room with no interruptions
• Have your binder within reach to reference
• Minimize distractions on screen (close other browser tabs, silence your phone)

For In-Person Hearings

If you're going to the LTB office:

• Plan to arrive 15 minutes early so you're not rushed
• Bring your binder in a folder or briefcase (not loose pages)
• Wear professional clothing (not athletic wear, not torn jeans)
• Silence your phone completely (don't just vibrate)
• Have parking information or transit plan figured out in advance

During the Hearing

The hearing is where you present your case. Here's what happens and how to handle it:

The Hearing Format

Most hearings follow this pattern:

1. Adjudicator calls the case and asks you and landlord to confirm you're present
2. You present your case (5-10 minutes)
3. Your landlord presents their response
4. Adjudicator asks questions of both sides
5. You get final opportunity to respond to landlord's arguments
6. Hearing ends; adjudicator says they'll issue a written order

Your Opening Statement

When the adjudicator asks you to present your case, speak clearly and calmly. Reference your exhibits:

"Thank you. On March 15, 2024, I discovered a water stain on my living room ceiling—see Exhibit 1, the photo dated that day. I emailed my landlord requesting repairs that same day—Exhibit 3. Despite follow-up requests on March 25 (Exhibit 4) and April 2 (Exhibit 5), no repairs were made. The stain grew larger and mold appeared. This violates RTA s.20, which requires landlords to maintain units in good repair. I'm requesting an order for repairs by [date] and a 25% rent abatement for [months] during which the unit was uninhabitable."

Addressing the Adjudicator

• Look at and speak to the adjudicator, not your landlord
• Say "Your Honour" or "Adjudicator" if directly addressing them
• Speak clearly. Not too fast, not too slow
• Stay calm even if your landlord interrupts or says something wrong
• If you don't understand a question, ask for clarification: "I'm sorry, can you rephrase that?"

Answering Questions

The adjudicator and your landlord will ask questions. Listen fully before answering:

• Answer the specific question asked, not a different one
• Use facts and dates from your evidence, not emotion
• If you don't know the answer, say "I don't know" rather than guessing
• If the question is unfair, you can say: "I don't think that's accurate because..." and provide your version

Dealing with Your Landlord's Arguments

Your landlord will likely make arguments against you. Common ones:

• They deny the problem: "There was no water damage." (Counter: Show Exhibit 1, the photos with timestamps.)
• They blame you: "The tenant caused the damage." (Counter: Explain how you didn't cause it, or provide professional inspection confirming its cause.)
• They claim they offered repairs: "I offered to fix it." (Counter: If untrue, point out the absence of such communication in your emails.)
• They blame COVID or staffing: "I couldn't get a plumber." (Counter: But they had months to try. This doesn't excuse failure.)

For each of their arguments, you respond by referencing your evidence. Let your documents do the talking.

If You Get Emotional

It's normal to feel angry or upset during a hearing—your landlord has wronged you. But:

• If you start getting upset, take a pause. Ask for a moment: "I need a moment to compose myself."
• Drink water. Breathe. Refocus.
• Return to facts, not emotions: "I apologize. To be clear, the repairs were not made despite [dates of requests]."
• The adjudicator will respect you more for composing yourself than for losing control

Taking Notes

Jot down notes if your landlord says something you want to respond to:

• Note down their claims (e.g., "They say they offered repairs on April 1")
• When it's your turn to respond, say: "They mentioned offering repairs on April 1. However, I have no record of that offer in emails or texts. My documents show [facts]."

Final Response

Usually, you get a final chance to respond after your landlord speaks. Use this to:

• Address any false claims your landlord made
• Summarize your strongest evidence
• Restate your request for specific remedies
• Thank the adjudicator

Common Mistakes

Many tenants have good cases but undermine themselves at the hearing:

Mistake 1: Arguing with Your Landlord

The Problem: Your landlord makes a claim you disagree with. You respond: "That's a lie!"

The Fix: Stay calm. Address the adjudicator: "With respect, that's inaccurate. The evidence shows..." Don't argue directly.

Mistake 2: Vague Statements

The Problem: You say "The repairs should have been done" without specific dates or facts.

The Fix: Be specific: "I requested repairs on March 18 via email (Exhibit 3). As of May 15, still no repairs."

Mistake 3: Discussing Irrelevant Issues

The Problem: You spend time talking about your landlord's bad attitude or your frustration.

The Fix: Stick to the legal issue: repair failures, rent violations, entry without notice. Leave emotion out.

Mistake 4: Not Referencing Your Evidence

The Problem: You talk about your case without showing the adjudicator any evidence.

The Fix: Constantly reference exhibits: "Exhibit 1 is the photo..." "Exhibit 5 is my email..."

Mistake 5: Failing to Request Specific Remedies

The Problem: You don't clearly state what you want the adjudicator to order.

The Fix: End your presentation with clear, specific requests: "I'm asking for an order requiring repairs by [date] and a 25% rent abatement for [months]."

Mistake 6: Disrespecting the Adjudicator

The Problem: You act angry or dismissive toward the adjudicator.

The Fix: Treat the adjudicator with respect. They hold your case's outcome in their hands. Be polite and professional.

After the Hearing

Your hearing ends, but the process continues:

The Adjudicator's Decision

The adjudicator will not announce a decision at the hearing. They'll take time to review evidence and write a formal order. This typically takes 1-4 weeks. You'll receive an email with the LTB's decision.

What the Decision Might Say

The LTB's order will state:

• The facts they've determined to be true
• Which RTA sections apply
• Whether you win or lose
• What remedies, if any, the landlord must provide
• Timeline for compliance

If You Win: Enforcement

If you win and the adjudicator orders repairs, a rent reduction, or payment to you:

• The order is binding. Your landlord must comply.
• If your landlord doesn't comply, you can file with the Court Enforcement Office to force compliance or collect money
• Keep detailed records of what your landlord does (or doesn't do) after the order

Example: The LTB orders your landlord to repair the heating by June 15. On June 16, they still haven't. You contact the Court Enforcement Office with your order and ask them to enforce it.

If You Lose

Losing is disappointing, but you have options:

• You can appeal if you believe the adjudicator made a legal error (this is complex—consider a lawyer)
• You can document ongoing issues and file a new application later if the problem persists
• You can consult with a paralegal about whether an appeal is worth pursuing

Keep Your Order

Save the LTB's written order in multiple places:

• Email to yourself
• Cloud storage (Google Drive, OneDrive)
• Print a copy for your records
• If you need to enforce it with the Court Enforcement Office, you'll need this document

What If the Landlord Doesn't Comply?

If the LTB orders repairs and your landlord refuses:

1. Document the non-compliance with photos and dates
2. Send your landlord an email: "The LTB ordered repairs by [date]. As of [today], repairs are not complete. This violates the LTB order."
3. Contact the Court Enforcement Office (ceoffice.ontario.ca) with your LTB order
4. File a request to enforce the order
5. The Court Enforcement Office can issue further orders or collect payment from your landlord