Preparing
for a Hearing at the Landlord and Tenant Board
 |
| Heather Campbell |
This article is prepared by my very kind assistant Heather Campbell. Heather joined my firm, QTMG LLP in 2011 after completing a Law Clerk Degree at Algonquin College. Heather was one of my students in Residential Landlord and Tenant Law class at Algonquin and came to my office as part of a field placement in that program.
Heather works very closely with me in my Landlord and Tenant law practice and she has gained tremendous experience in preparing cases for hearing by gathering and organizing evidence. If you have questions about preparation and would like Heather's perspective please feel free to comment below.
So you’ve survived the application process, served your Notice of Hearing and now you’re gearing up for the big day, your hearing at the landlord and tenant board.
Many believe that given the informal
nature of the Board that no further preparation or evidence gathering is
necessary however this is a misconception. It is not enough to rely on oral
testimony at your hearing. The stronger the evidence you can provide to the
Adjudicator, the better your chances of success at your hearing. The following
are some suggestions on how to gather evidence and prepare the evidence for
your hearing.
By-Law
Reports and Orders
When it comes to maintenance issues, whether
you are landlord or a tenant, always contact your city’s By-Law department.
Having a By-Law Officer attend at the rental property, inspect the issues and
make an Order go a long away to supporting a claim for maintenance issues.
If you are a tenant, a by-law report may
confirm the existence of an issue and an Order to repair will help to prove
that your landlord is not in compliance with their duty to repair or provide a
unit that is fit for habitation.
As a landlord, a by-law report could
help to refute a tenant’s claim that the unit is not in compliance with the
local by-laws or building codes. In the alternative, if you have been issued a
work Order and have taken steps to resolve the issue, it can go to explain any
delays or show your good faith in committing to resolve the issues.
Further, if necessary, a by-law officer
can summonsed to appear at your hearing and give testimony. The testimony of
by-law officers is often viewed as impartial and could go a long way to a
favourable judgment.
Photographs
When you have the ability to visually
illustrate your concerns, do it. Use colour photographs to show damage, mold
and other violations.
Photographs should be date and time
stamped. It is also a good idea to take photographs over time, to show if
things have gotten worse, improved or changed.
Landlords and tenants alike should take
photos at move in and you can use them to compare with the current state of the
unit.
Written
Correspondence
In a tenancy situation, the more you can
do in writing the better. Save correspondence from between yourself and your
landlord or tenants. Maintenance requests, complaints, notice of entry or
repair, etc. should all be done in writing, preferably through e-mail where
allowed under the rules of the Board.
When you are able to produce e-mails or
chains of correspondence the Adjudicator no longer has to rely on just your
oral testimony, they can now see both sides of the conversation as it happens.
Presentation
of Evidence
It is always a good idea to present your
evidence in a clear and organized manner. Consider stapling all your documents
together or making a booklet of evidence. Paginate your documents to make
finding that item you are referring to easy for the Adjudicator. Whenever
possible make sure that the evidence that you’re producing has a clear date on
it and if you are not the author (or photographer) of the evidence make sure
that it is clear who created the documents or took the photos.
What
Should I include?
This is really determined on a
case-by-case basis based on the facts of your specific situation. A general rule of thumb is to think about
what you would like to see as the Adjudicator and provide the evidence you feel
would be most convincing.
Also, think about what the party on the
other side may be bringing forward and decide if you have evidence that can
counter or be more persuasive then what you believe you will face. Put your
best foot forward.
The
Rule of Three
When preparing evidence for a Board
hearing always prepare three sets of evidence, copy for yourself, a copy for
the Adjudicator and a copy for the other party. This is the rule of three.
Conclusion
Your case is only as good as the
evidence that you put forward, so take your time in preparing evidence for your
hearing. Do not rely solely on your own oral evidence or those of others that
have a stake in the outcome (other tenants, property managers etc). Taking time
the time to properly organize your evidence will make your case easier to
present and allow the Adjudicator to follow along with you. Be thorough and put your strongest evidence
forward.
