Residential evictions were suspended on March 19, 2020, by the Ontario Superior Court, due to the impacts of the COVID-19 pandemic. Only urgent evictions due to illegal activity or safety concerns were heard by the Landlord Tenant Board (LTB) at this time, and hearing centres were closed to the public. Limitation periods and procedural timelines were also suspended on March 20, 2020 (retroactively applied from March 16, 2020). On August 1, 2020, the LTB resumed hearing all application types, including evictions, but there is a significant backlog in cases due to the hiatus. Suspended limitation periods and procedural timelines resumed on September 14, 2020.

Hearing Scheduling

Hearings are being scheduled by videoconference, phone, or in writing with few exceptions for in-person hearings. Access terminal centres are also available in Toronto, Ottawa, London, and Hamilton for those parties requiring access to a telephone, computer, and/or internet, ensuring equal and fair access to all parties. It should be noted that as of June 3, 2021, the Statutory Powers Procedure Act was amended to make it an offence to record tribunal proceedings, or to post or share them. LTB applications are being accepted by e-File, but it is taking longer than normal to process applications due to the backlog. Urgent applications are being prioritized and payments are being processed at the time of filing.

Evidence to be used in an L1 (Application to evict a tenant for non-payment of rent and collect rent the tenant owes) or L9 (Application to collect rent the tenant owes) hearing is to be submitted via email (LTB.Evidence@ontario.ca). Evidence, and any other submissions, must be submitted at least 7 days prior to a scheduled hearing. Reply evidence (evidence that responds to the evidence submitted by the other party) must be submitted at least 5 days before the hearing. The L1/L9 – Information Update must be submitted 5 days before the hearing.

For anyone unable to use email, evidence can also be submitted by mail, courier, or fax, but it is advised that processing times will likely be longer using these methods. It is recommended that parties do not submit applications at Service Ontario locations unless it is either an emergency request or there are significant barriers to the party submitting an application via e-File (no access to computer, can only pay application fee with cash, cheque, or money order, etc.).

Orders for L1/L9 hearings are to be issued within 20 to 30 days following the hearing, and for all other types of applications orders will be issued within 60 days.

Advance Resolution

The LTB has developed the Advance Resolution Request Form (ARR Form) to streamline the handling of those scenarios that do not (or no longer) require a hearing. The form is meant to notify the LTB of changes that occur after an application has been submitted, which preclude the need for a hearing. Scenarios where this form apply include:

• The applicant wishes to withdraw the application
• The tenant has paid their arrears and application fee in full
• The tenant has moved out of the rental unit
• The landlord and tenant have come to an agreement to resolve the issue at hand

Should any of these scenarios apply, it is recommended to email the ARR form to the regional office handling the application. Given the current backlog of cases, the ARR process will limit the number of unnecessary hearings scheduled when a resolution of some kind has already been reached.

How to get Support

It currently may take longer than normal to receive replies to email correspondence between involved parties and their regional office regarding an open file. Call centre representatives are available to provide support for all questions and concerns regarding LTB proceedings, but current wait times for the call centre are about 45 minutes on average.

The Tenant Duty Counsel (run by the Advocacy Centre for Tenants Ontario, and independent from the LTB) has drafted an online registration form to streamline tenant requests for legal assistance with an upcoming hearing. Legal Aid Ontario is also a great resource, with both a website and helpline (1-800-668-8258), and can be used for advice and support whether a tenant has a hearing scheduled or not.

The Landlord Self Help Centre (funded by Legal Aid Ontario, and independent from the LTB) is available for small-scale landlords and is an excellent resource for referrals to other resources, advice for specific situations, and general information. Landlords can visit the website, or call 1-800-730-3218 to access the Landlord Self Help Centre.

Relevant Resources

• Hamilton: 119 King Street East, 6th Floor
• London: 150 Dufferin Avenue, Suite 400
• Ottawa: 255 Albert Street, 4th Floor
• Toronto: 15 Grosvenor Street

Updated LTB materials

• LTB Rules of Procedure (updates to rules 3, 4, and 5)
• Form L2: Application to End a Tenancy and Evict a Tenant or Collect Money

New LTB materials

• Brochure: How to Serve a Landlord or Tenant with Documents