(Disponible en français)
This Practice Direction describes the Landlord and Tenant Board's (LTB) process for hearing and deciding applications made to it by a Non-Profit Housing Cooperative (Co-op) under Part V.1 of the Residential Tenancies Act, 2006 (RTA). It provides guidance about what the LTB expects of parties and what the parties can expect of the LTB. It assists in understanding the LTB's Rules of Procedure which apply to Co-op applications. Rule of Procedure 12 applies just to Co-op applications.
The LTB interpretation guidelines may also be applied to applications made under Part V.1 of the RTA. Some LTB decisions involving Co-op applications can be viewed at: www.canlii.org.
Under Part V.1 of the RTA, a Non-Profit Housing Co-op may apply to the LTB for an order terminating a former member's occupancy in the Co-op and evicting the former member. The RTA does not give the LTB the authority to accept applications filed by Co-op members or former members against a Co-op.
A complete application must be filed with the LTB. The Co-op must attach to the application form the Notice of Termination served under Part V.1 of the RTA on the former member. The application form must provide any additional facts, other than those set out in the Notice of Termination, and include any documents, upon which the Co-op intends to rely in proceedings before the LTB.
The application must include a signed declaration from a person with authority to bind the Co-op certifying that the member's occupancy rights were terminated in accordance with the requirements of s. 171.8 of the Co-operative Corporations Act.
C1 (Application to End the Occupancy and Evict the Member based on Non-Payment of Regular Monthly Housing Charges and to Collect the Housing Charges that the Co-op Member Owes) and C2 (Application to End the Occupancy of the Member Unit and Evict the Member) applications can be filed using the Tribunals Ontario Portal (TOP).
In accordance with the Practice Direction Requiring Law Society Licensees to use TOP, if the Co-op is represented by a person licensed by the Law Society of Ontario, they must file these applications using TOP.
C3 (Application to End the Occupancy of the Member Unit and Evict the Member – Based on the Member’s Consent or Notice) and C4 (Application to End the Occupancy of the Member and Evict the Member because the Member failed to Meet Conditions of a Settlement) applications can only be filed by email to co-opprocessingLTB@ontario.ca or by mail or courier to 15 Grosvenor Street, Ground Floor Toronto, Ontario M7A 2G6.
The Co-op member, also referred to as the “respondent”, must complete a Response to a Co-op Application responding to all the allegations in the application and including any additional facts and issues they intend to raise at the hearing.
The Response must be filed with the LTB and delivered to the Co-op as soon as possible, but no later than the date specified in the Notice of Hearing. A Certificate of Service, signed by the individual who served the Response, must be filed with the LTB as soon as possible but no later than five days after delivery of the Response to the Co-op.
The Response and Certificate of Service forms may be filed by email at co-opprocessingLTB@ontario.ca or by mail or courier to 15 Grosvenor Street, Ground Floor, Toronto, Ontario M7A 2G6. The Response can also be uploaded directly to the File using TOP.
After receiving a complete C1 or C2 application, the LTB will schedule a Case Management Hearing (CMH). The CMH has two purposes. First, it provides an opportunity for parties to explore settlement of the issues in dispute, usually with an LTB Hearing Officer who is trained in dispute resolution. Second, if parties are unable to resolve all the issues in dispute, the LTB will make directions to facilitate a fair, just and expeditious hearing, or in appropriate circumstances, make orders finally determining matters agreed to by the parties, or not in dispute.
The LTB normally gives the Notice of Hearing to the parties at least 20 days before the CMH.
The Notice of Hearing contains important information and details about the hearing and will be either emailed or mailed to all parties. If you wish to have legal representation at the CMH, contact a lawyer, paralegal or a legal clinic as soon as you receive the Notice of Hearing.
The LTB will normally schedule the CMH as a virtual hearing. The format of the hearing will be identified on the Notice of Hearing. Virtual hearings can be attended by video using Zoom or by telephone. If the LTB schedules a virtual hearing, the Notice of Hearing will include a Zoom link and a telephone number. If you are unable to attend by Zoom, you can call in by telephone. If you do not have access to technology to participate in a virtual hearing or you require some other type of accommodation, use the Tribunals Ontario Accommodation Request form to tell the LTB what you need.
If the Co-op does not attend the CMH, the LTB will dismiss the application as abandoned unless there are exceptional circumstances.
If the respondent does not attend the CMH, and no Response to the application has been filed, the respondent may be deemed to have accepted all the facts and allegations in the application. The LTB may then issue an order based on the facts and allegations in the application without holding another hearing.
If the respondent does not attend the CMH, but a Response to the application has been filed, the matter will proceed to a full hearing of the merits of the case on a future date to be determined by the LTB. The LTB may decide to not allow the respondent to present evidence at the merits hearing without first being satisfied there is a reasonable explanation for the respondent's failure to appear at the CMH.
Parties are encouraged to come to the CMH prepared to consider settlement. Where a settlement is reached, the LTB will issue an Order incorporating the terms of settlement and disposing of the application (Consent Order). Where parties reach an agreement on some, but not all issues, the Hearing Officer will issue an Order reflecting what the parties agreed to at the CMH.
All discussions about settlement are confidential. However, Orders issued by the LTB will incorporate any terms of settlement, and agreed statements of facts by parties are admissible at Hearings.
Where the parties are unable to settle all issues, the LTB will proceed with case management of the application to ensure the merits hearing can proceed in a fair and expeditious manner. If a party has not already done so, this is also an opportunity to identify accommodation needs or request French Language Services.
Moreover, parties may be asked to address the following issues at the CMH:
After the CMH, the Hearing Officer will issue any orders necessary for the fair, just and expeditious conduct or resolution of the issues in dispute. This includes issuing orders for disclosure of arguably relevant documents or materials, identifying the issues in dispute, requiring payment of money into the LTB and setting out procedural matters that the parties may agree on.
Parties are encouraged to bring all arguably relevant information about the issues in dispute to the CMH. For example, in a dispute over the non-payment of regular monthly housing charges, proof of payment should be brought to the CMH. Witnesses do not need to attend the CMH.
For information about requests to reschedule or adjourn a Case Management Hearing, please see Rule of Procedure 21 and LTB Interpretation Guideline 1: Adjourning and Rescheduling Hearings.
Where parties are unable to resolve all issues at the CMH, the LTB will schedule a hearing on the merits of the application. The LTB normally gives the Notice of Hearing to the parties at least 20 days before the merits hearing.
The Notice of Hearing contains important information and details about the hearing and will be either emailed or mailed to all parties.
Any document intended to be relied on at the merits hearing must be disclosed in advance of the merits hearing. The Notice of Hearing has more information about disclosing evidence.
Hearings will be conducted by an LTB Member, who will listen to both sides, evaluate the evidence and make a final decision about all issues remaining in dispute.
At the end of the hearing, the Member will issue a written Order disposing of the application.
The LTB will normally schedule the merits hearing as a virtual hearing. The format of the hearing will be identified on the Notice of Hearing. Virtual hearings can be attended by video using Zoom or by telephone. If the LTB schedules a virtual hearing, the Notice of Hearing will include a Zoom link and a telephone number. If you are unable to attend by Zoom, you can call in by telephone. If you do not have access to technology to participate in a virtual hearing or you require some other type of accommodation, use the Tribunals Ontario Accommodation Request form to tell the LTB what you need.
If the Co-op was served with the Notice of Hearing but does not attend the hearing, the LTB will dismiss the application as abandoned unless there are exceptional circumstances.
If the respondent was served with the Notice of Hearing but does not attend the hearing, the LTB will normally proceed with the hearing and issue an order based on the evidence and submissions provided by the Co-op.
Respondents may be self-represented at the hearing and present their own case. If you wish to have legal representation at the hearing, contact your lawyer or a legal clinic as soon as you receive the Notice of Hearing. Respondents may also choose to have another person represent them. Because a Co-op is a corporation it must have a representative appear on its behalf in the LTB proceeding.
LTB Rule of Procedure A9 addresses representation before the LTB. The Practice Direction on Representation before the Landlord and Tenant Board explains who may appear as a representative before the LTB and responsibilities of representatives in LTB proceedings.
A support person, such as a family member or friend, may attend a hearing or mediation and sit with a party or witness. They can assist the party or witness participating in the proceeding communicate with the LTB, and make necessary decisions. Such a support person is not considered a representative, so long as they do not make submissions on the party's behalf.
For information about requests to reschedule or adjourn a merits hearing, please see Rule 21 of the LTB’s Rules of Procedure and LTB Interpretation Guideline 1: Adjourning and Rescheduling Hearings.
Under sections 94.10 (1) and 94.11 of the RTA, a Co-op may, without notice to the Co-op member, apply to the LTB for an Order terminating the Co-op member's occupancy and evicting the Co-op member. These applications are usually decided without a hearing and the process described in this Practice Direction will not apply.
If you received a C3 or C4 eviction order without a hearing being held, you can ask the LTB to set the order aside by filing a “Motion to Set Aside an Ex Parte Order” (S2) within 10 days from the date the ex- parte order was issued. If you file after 10 days, you must also explain why you were late by filing a “Request to Extend Deadline”.