Summons

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What is a summons?

A summons is a document that requires a person to attend a hearing as a witness.  It can also require the witness to bring certain documents with them.

The Landlord and Tenant Board (the Board) may decide to issue a summons on its own or at the request of a party.
 

When should I request a summons?

If you want someone to go to a hearing as a witness, you should ask them if they are willing to go. 

If the person agrees and you believe that they will go to the hearing, you do not need to request a summons.  However, if the person does not want to go to the hearing, or if they need an official document in order to get time off from work, you can request a summons.

You should request a summons as soon as you become aware that one is needed. 

How do I request a summons?

If you want the Board to issue a summons, you should complete a Request for Summons form and file it with the Board.  This form is available from the Board.

You must explain in your Request for Summons why it is important for that person to attend the hearing as a witness.  You must also provide a brief summary of what information you expect that person to give at the hearing, and any documents you would like them to bring to the hearing.

You do not have to pay a fee in order to file a Request for Summons with the Board.

If you are a lawyer or paid agent, you should also file a completed draft summons with your request.

Will the Board always grant a request for a summons?

When you file a request for a summons, a Member of the Board will decide whether or not to grant the request.  The Member will only issue a summons if they believe that what the witness will say or the documents they will bring to the hearing are relevant and necessary to decide the issues in the application. 

How do I give the summons to the witness?

The summons must be handed directly to the witness.  It cannot be mailed or faxed to the witness or left with any other person at the witness’s address.

You can give the summons to the witness or you can have someone else give it to them. However, whoever gives the summons may be asked to prove to the Board that it was given directly to the witness. 

The summons should be given to the witness as soon as possible so that they can make the necessary arrangements to come to the hearing.  

How do I prove that the summons was given?

If a witness does not attend a hearing, you may need to prove the summons was given directly to the witness. 

The person who gave the summons to the witness should prepare an Affidavit.  The affidavit is filed to confirm that a copy of the summons was personally handed to the witness. A copy of the summons should be attached to the Affidavit.

Once the Affidavit has been completed, it must be sworn before a Commissioner of Oaths or a Notary Public by the person who gave the summons to the witness.  You can obtain an Affidavit form from the Board.

A Commissioner of Oaths is available at most Landlord and Tenant Board offices to administer oaths for Affidavits relating to Board applications.
 

Do I have to pay the witness?

If a witness is summoned to a hearing, you must pay them witness fees for going to the hearing.  The fees that you must pay are the same as those paid for witnesses summoned in the Superior Court of Justice.

When you give the witness a copy of the summons, you should tell them that they will be paid witness fees.  The fees, however, do not have to be paid until the witness actually goes to the hearing.     

How much do I have to pay the witness?

Before your hearing starts, you are required to pay the witness $50.00 a day for going to a hearing.  You do not have to pay if the witness does not show up.

In addition, you will have to pay the witness a travel allowance.  The amount you have to pay depends on the distance the witness must travel to the hearing.  The following table sets out the amount you must pay to the witness for travel:

Note:  If the witness lives in a different city or town from where the hearing is held and has to stay overnight, you must also pay the witness an allowance of $75.00 a night for their accommodation and meals.

What if the witness does not show up for the hearing?

If the witness does not show up for the hearing, you may choose to:

• continue with the hearing without the testimony of your witness or their documents, if you feel you still have enough evidence to support your claim; or
• ask the Board to adjourn the hearing to allow you to obtain other evidence or to have an opportunity to convince the witness to attend, if you feel you do not have enough evidence to continue with the hearing. 

In addition, you may consider filing an application to court to force the witness to obey the summons.  The Judge of the court may issue a bench warrant directing any sheriff, police officer or constable to arrest the witness and make sure that the witness comes to the hearing.

Before filing an application with the court to enforce a summons, you should seek legal advice.  Applications of this type can be expensive and may take a long time to resolve.

For More Information

Contact the Landlord and Tenant Board

This brochure provides general information only.  It is not a complete summary of the law and is not intended to provide legal advice.  For more information, or to obtain copies of the Board’s forms and publications, you may:

• call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
• visit your local Landlord and Tenant Board office.  For a list of Board office locations visit the Board’s website, or call the numbers listed above. 

Release date: April 1, 2007

ISBN 978-1-4249-3025-8 (HTML)
ISBN 978-1-4249-3024-1 (Print)
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© Queen’s Printer for Ontario, 2007