Top 10 Questions about Post-Covid Ontario LTB Application Timelines, Hearings and Settlements

Covid-19 caused many changes within, and to, the Ontario Landlord Tenant Board (LTB), some good and some bad. Many of my clients are frustrated with the LTB process and have been asking many similar types of questions so I have summarized them in this article. It is important to note that the LTB is evolving rapidly, and you should discuss your exact situation with your Paralegal.

1. What is the timeline for an application to be scheduled?

From the time you file your application with the LTB, either Tenant or Landlord, your matter will likely be scheduled in 5-6 months’ time. The LTB’s handling of their scheduling process is troublesome to many. Pre-covid, and early covid files are delayed more than newer matters. Older files, some up to a year old or more, are only being scheduled now. While newer files are on the 5-6 month track as previously stated.

2. How often should I contact the board to find out my hearing date?

The Board will contact you and your paralegal, when the hearing has been scheduled, by email. Ensure that you are checking your “Junk Mail” and ensure that your spam filter is not preventing delivery. The LTB established a new portal, and your paralegal can check or contact the board every three months. We have found that with the large backlog, technical issues and system changes some applications have been lost or delayed.

3. Can I speed up the time to schedule my application with the Landlord Tenant Board?

Not really, the majority of all applications will have to wait no matter the circumstances. I have found that the board does not consider anything urgent until your matter deals with Form N7 matters – N7 matters deal with border line criminal issues such as – tenant has illegal drugs in the unit, criminal activity occurrence on the property, ie. Possession of guns. Even for these types of serious matters, it will still take time to be scheduled.

4. How does the LTB Hold Hearings? Do I need to go to court?

No, hearings are all being done virtually via Zoom. When joining a meeting it is important to be on time.

5. How many applications are heard during a block of hearings, and how long does it take?

• The LTB tends to schedule up to 70 matters per block for non-payment of rent matters (L1 Applications). Two members reside on that block meaning each member will hear up to 35 matters. Each hearing block can take 1.5 to 6 hours to complete. It is important to plan that you will be available for the entire six hours.
• The LTB tends to schedule up to 30 matters per block for L2 Application (Forms N5, N7, N8, N12) matters. One or two members will conduct this block. Each hearing can take 1.5 to 4 hours. It is important to plan that you will be available for the entire four hours.

6. Will my application be heard when it is scheduled?

Just because your matter is scheduled does not mean that your matter will be heard that day. Your matter may be scheduled with other difficult matters or with many other cases, not permitting the members to reach everyone in a single day.

7. What happens if my LTB application is not heard?

Many times, the members are unable to get through all of the matters in the block. If your matter is adjourned, then there will be further delays. It may take up to 3 to 4 months for your matter to be rescheduled.

8. How can I avoid my application being adjourned?

We suggest that you utilize all of the tools that are available to you such as:
a. During the hearing, all parties are encouraged to attend mediation to resolve or narrow the issues.
b. Focus on core issues and keep your matter succinct, the more complex your matter the greater the chance your application will heard at the end or adjourned.c. You can also reach out to the opposing party to seek out a resolution and possible settlement.

9. How do the members organize the block of applications at an LTB Hearing?

Simple matters, including consents are heard first, complex matters with many witnesses or extensive evidence are normally held at the end. Look to your paralegal to navigate through the hearing and to assist you in making a quick assessment of the hearing block. They will advise whether to contest your application or to find resolutions through mediation, or other means.

10. Should I Reach out to the Tenant or Landlord prior to the LTB hearing to settle the matter?

I always encourage settlement. If you believe that the opposing party is reasonable and may be open to a settlement then many times it is advisable to reach out and try to work out a settlement. However, sometimes I have seen those discussions, prior to a hearing, resulting in more disputes being raised which can make the matter more complicated and result in delays or your matter not being concluded during a hearing. It is important to talk to your paralegal if you have any questions about the best tactic to use prior to a hearing.