Complaints About A Member's Conduct

This section explains the process that is followed if a complaint about a Member’s conduct is received. 

Please note: The complaint procedure described here does not apply and cannot be used when a party disagrees with the final decision or Order made by a Member. 

The Residential Tenancies Act permits a party to appeal a decision to the courts, or to request a judicial review of the decision by a court.  It also gives a party the right to request a Review of an Order.

Information about the procedures for a Request to Review an Order can be obtained from the Board by calling 416-645-8080 (from within the Toronto calling area) or 1 - 888 - 332-3234 (from outside Toronto), or in person at a Board office.

For information or advice about the process for a judicial review or an appeal to the courts, you should consult with a lawyer.

Filing the Complaint

A complaint may be submitted orally, or in writing.  The person making the complaint must be willing to disclose their name, address, and connection to the matter on which the complaint is based.

A written complaint may be submitted to the Regional Vice Chair of the Board at the Regional Office where the decision was made. These locations are listed below. 

If you cannot submit your concern in writing, an oral complaint may be made directly to our staff.  If you ask them to, they will prepare a summary of the complaint and forward it to the appropriate Regional Vice Chair.

Regional Vice Chair - Southwest Regional Office
Landlord and Tenant Board
150 Dufferin Avenue, Suite 400
London, Ontario N6A 5N6 

Regional Vice Chair - Southern Regional Office
Landlord and Tenant Board
119 King Street West, 6th Floor
Hamilton, Ontario L8P 4Y7

Regional Vice Chair - Central Regional Office
Landlord and Tenant Board
3 Robert Speck Parkway, Suite 520
Mississauga, Ontario L4Z 2G5

Regional Vice Chair - Toronto South Regional Office
Landlord and Tenant Board
79 St. Clair Avenue East, Suite 212
Toronto, Ontario M4T 1M6

Regional Vice Chair - Toronto North Regional Office
Landlord and Tenant Board
Regional Vice Chair
47 Sheppard Avenue East, Suite 700
Toronto, Ontario M2N 5X5

Regional Vice Chair - Toronto East / Durham Regional Office
Landlord and Tenant Board
2275 Midland Avenue, Unit 2
Toronto, Ontario M1P 3E7

Regional Vice Chair -Eastern & Northern Regional Offices
Landlord and Tenant Board
255 Albert Street, 4th Floor
Ottawa, Ontario  K1P 6A9

If a person is unwilling to make the complaint to a Regional Vice Chair, the complaint may be made in writing directly to the Chair of the Board at the following address:

The Chair - Landlord and Tenant Board
777 Bay Street, 12th Floor
Toronto, Ontario
M5G 2E5

Any complaint made orally or in writing will be acknowledged by the appropriate Regional Vice Chair or the Chair.

Dealing with the complaint

The complaint will be discussed by the Chair of the Board and the appropriate Regional Vice Chair.  The Chair may delegate to the Regional Vice Chair the responsibility for conducting any inquiry into the complaint, making any conclusions, and implementing any action as a result.

There are some situations in which the Chair may decide not to conduct an inquiry into a complaint.  This may include situations where:

• The appropriate course of action is for a party to request a Review of an Order, or an appeal or a judicial review, or
• The person making the complaint refuses to provide sufficient information to determine whether there is a case of improper conduct, or
• It is determined that the complaint has not been made in good faith.

If a decision is made that further inquiry into the complaint will not be conducted, the person who made the complaint will be so advised.

Disclosing the Complaint to the Member

To protect the impartiality of the decision-making process, a Member will not be informed that a complaint against their conduct has been received until after the Member’s decision has been issued and their involvement with the case has ended.

An exception may be made if the Chair or Regional Vice Chair believes that a party may be severely prejudiced if early intervention does not take place.  For example, if a person complains about the time it is taking to issue an Order, this concern may be disclosed to the Member so that a reason for any delay can be determined.

Where the Chair or Regional Vice Chair delays completing any inquiry into the conduct of a Member until after the Member’s decision has been made, the person who made the complaint will be so advised.

If a Member’s hearing of an application is continuing, and a party to the case has concerns about the Member’s conduct, it is appropriate for the party to raise these concerns at the hearing, or when the hearing next resumes.  The Member can then decide how they will respond to the concerns, including whether or not to withdraw from the case.

However, if a hearing has been concluded, but a decision not yet issued, it would not be appropriate for a party to submit a complaint directly to the Member.  Instead, the complaint should be made to a Regional Vice Chair or the Chair.

As part of an inquiry into a complaint, the Chair, their delegate, or a Regional Vice Chair, may interview any staff of the Board, the Member in question, as well as any other persons, for the purpose of gathering information relevant to the complaint.  Documents and any tapes of a hearing which may exist may also be reviewed.

An inquiry may be terminated at any time for any of these reasons:

• The person making the complaint refuses to comply with a request for clarification or additional information and there is insufficient information to proceed with the inquiry,
• The person making the complaint requests termination of the inquiry,
• The Chair or Regional Vice Chair believes the complaint does not warrant any further action,
• The Chair or Regional Vice Chair believes the concern was not raised in good faith,
• It is discovered that the complaint does not qualify to be addressed under this procedure.

Results of an inquiry

After an inquiry has been conducted, the Chair or Regional Vice Chair will make a conclusion about the complaint, and advise the other of this conclusion. 

The Member will be informed of this conclusion, and any recommendations for subsequent action.

The person who made the complaint will be informed by the Chair or Regional Vice Chair of the conclusion, including appropriate measures, if any, which have been or will be taken as a result.