CHAPTER 11: PROCESSING APPLICATIONS UNDER THE RTA Emond Montgomery Publications 1

Chapter 11: Processing Applications Under the RTA Issuing Applications Filing Documents at the Landlord and Tenant Board French Language Services Hearing Dates and Notices of Hearing Disclosure Paying Money Into or Out of the Board Rescheduling or Adjourning a Hearing Conditions in Orders Emond Montgomery Publications 2

Issuing Applications An application must be in the form approved by the board (s.185(1)) Agents can be authorized to sign applications for a landlord, and the board may require a copy of the written authorization (s. 185 (2)) A party may combine several applications for hearing at the same time (s. 186) Two or more tenants of a residential complex may file a tenant’s application together if they both sign it (s. 186 (2)) When the application is for termination of the tenancy, the landlord must file a copy of the notice of termination and certificate of notice with the application There are fees for filing an application Emond Montgomery Publications 3

Filing Documents at the Landlord and Tenant Board The board provides services and receives documents through two different types of offices: Regional offices and ServiceOntario centres The regional offices process the files and organize the hearings for the area around the offices The ServiceOntario centres do not have staff of the board working behind the counters They cannot provide people with information about the law, but they can accept documents Emond Montgomery Publications 4

French Language Services Parties are entitled to services from the board in French in the parts of the provinces designated under the French Languages Services Act. Emond Montgomery Publications 5

Hearing Dates and Notices of Hearing When an application is filed, the board gives the applicant a notice of hearing In the district offices, the board gives hearing dates on most working days Hearings can be set as soon as 11 to 14 days after the application is filed For single applications, the board office issues notices of hearing while an applicant waits For multiple applications, the applicant needs to return to pick up the notices of hearing later Once an applicant is given the notice of hearing, each of the respondents must be served promptly with a copy of the application along with the notice of hearing Applicant must file with the board a certificate of service Emond Montgomery Publications 6

Hearing Dates and Notices of Hearing Once an applicant is given the notice of hearing, each of the respondents must be served promptly with a copy of the application along with the notice of hearing As of February 2011, applicants serve the application and then must file a certificate of service with the board As of February 2011, a government Bill proposes that the board will serve notices of hearing Emond Montgomery Publications 7

Disclosure Tenants and landlords can ask each other for more disclosure about applications or disputes In dealing with parties who are represented by lawyers or agents, ask the representative directly for the disclosure you require Examples of disclosure are: an exchange of witness lists a brief indication of the evidence the witnesses are expected to give (“will say statement”) the exchange of any documents that will be relied on Emond Montgomery Publications 8

Paying Money Into or Out of the Board The board may order a respondent to pay a specified amount of money into the board (s. 195(1)) For landlords, the power to order payment into the board is most important when dealing with adjournment requests The board will generally order the tenant to pay only the amount that will become due during the adjournment. Respondents may pay money into the board voluntarily Emond Montgomery Publications 9

Rescheduling or Adjourning a Hearing “Rescheduling” occurs when the board staff changes the hearing date by setting a new date that is earlier or later than the one originally set If a hearing is rescheduled, the board usually issues a new notice of hearing “Adjourning” occurs when an adjudicator, on the date set for the hearing, hears a request to adjourn and postpones the hearing to another date The board often does not issue a new notice of hearing Emond Montgomery Publications 10

Conditions in Orders The board may include in an order any conditions it considers fair in the circumstances (s. 204(1)) The most common exercise of this power involves conditions in an order allowing an adjournment Conditions may include: an order that a party pay money into the board to receive the adjournment; or that the party receive no further adjournment Emond Montgomery Publications 11