Hearings at the Board

What happens at a hearing?

Most hearings are held in person in front of a Member of the Board, although some hearings may be heard over the telephone or heard by videoconference.  The Member is in charge of the hearing and it is their job to listen to both sides and make a decision about the application.

More detailed information about what happens at a hearing can be found in the Board’s brochure on Important Information About Your Hearing.

What issues can a tenant raise at a hearing of a landlord’s application based on non-payment of rent?

At the hearing, the tenant can respond to the landlord’s claim that they have not paid their rent.  They can tell the Member if they agree or disagree with what the landlord is asking for in the application and why.

In addition, on an application for non-payment of rent (a L1 or L9 only), a tenant can raise any other issue they have about their tenancy that they could have raised had they filed their own application with the Board.  For example, if the tenant has concerns about outstanding maintenance problems or they think their rent is unlawful, they can tell the Member about these issues as well.   If a tenant is going to raise other issues, they should make sure to come prepared with any evidence they have.

For more detailed information, see the Board’s brochures on Issues a Tenant can raise at the hearing of a Landlord’s Application for Non-payment of Rent and If a Tenant Does Not Pay Rent.

Do I need to get a lawyer or agent?

You are not required to have a lawyer or agent with you at a Board hearing – you can present your own case to the Member.  But, if you think that your case is difficult, or you would feel more comfortable if a lawyer or agent presents your case, you can hire one.  This is a decision that you have to make. 

Note:  If you have an agent, they must have written permission from you, which says that you want them to represent you at the hearing (or in mediation).

You can find a list of website links to other organizations that provide information to landlords and tenants and may offer legal assistance in the Other Help section.
 

Does the Board supply an interpreter at hearings?

The Board will only supply an interpreter at a hearing for two reasons:

  1.  to provide French language service to a party if:

  2.  to provide a sign language interpreter for a party who is hearing impaired.

If you need an interpreter for one of these reasons, you should let the Board know as soon as possible.

If these reasons do not apply to you but you would prefer to have an interpreter with you at the hearing, then you will have to get someone to interpret for you at your hearing.  This may be:

• someone you know that speaks both your native language and English, who would be willing to help you at your hearing, or 
• it could be an interpreter that you hire to interpret for you at your hearing. 

Can I ask someone else to go to the hearing in my place?

Yes. If you cannot be there, you can ask someone to go in your place.  You must give them written authorization, signed by you, that says you are allowing them to speak for you and to represent you at the hearing (or in mediation).  They must bring this written authorization with them to the hearing so that the Member knows that you have given them permission to represent you. 

The person representing you can be:

• a relative, a friend, or an agent that you have hired specifically to take your place at the hearing, or
• if you have hired a lawyer, it could be your lawyer.

What if the hearing date is not good for me - can I have it moved to another day?

Your hearing date can only be changed if you get all the other parties to agree.  If all the parties agree, you should tell the Board in writing that you would like the hearing to be rescheduled. Otherwise, you have to come to the hearing (or send someone on your behalf who has your written authorization – see previous question) to ask if the hearing can be changed to a new date.  If the Member says no, the hearing will take place on that day.

What happens if I am late for my hearing?

If you do not arrive by the time your hearing starts, a Member can do one of these things:

• If you filed the application, the Member may decide that you have abandoned your application and do not want to continue with it. The Member could dismiss your application.
• If the application was filed against you, the Member may decide that the hearing will go ahead without you.  The Member will make a decision about the application without the evidence that you may have given if you were there.

What happens if I do not attend my hearing?

The same things that might happen if you are late can happen if you do not show up at all.  (see previous questions)

Does the Board always hold a hearing to resolve an application?

No.  For some types of applications an ex parte order can be issued without holding a hearing. (see the question on "What is an ex parte order and how can it be set aside?" in the Board Decisions section of the Frequently Asked Questions.)

If the application involves non-payment of rent and the landlord and tenant agree to a repayment plan, the Board can issue a consent order based on the repayment plan without holding a hearing.  The Board has a Payment Agreement form that can be used.

As well, mediation can resolve an application without holding a hearing. See the Board’s brochure on Mediation by the Board for more information about this process.