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Administrative - Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020. Beyan v. IMH Pool XX LP
In Beyan v. IMH Pool XX LP (Ont Div Ct, 2025) the Ontario Divisional Court considered the holding of a written hearing as a matter of procedural fairness [under LTB Rule 7.3] and the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020:There was no denial of procedural fairness by denying the Tenants' request to proceed in person
[30] The Tenant submits that by denying a hearing in person, the Tenants were denied meaningful participation in the proceedings. ...
[31] The LTB Rules of Procedure provide that the LTB may hold hearings in person, electronically, or in writing, as it considers appropriate and as may be permitted in the circumstances: r. 7.1.
[32] Rule 7.3 provides that an objection to a written hearing must be in writing and explain why there is good reason for not holding a written hearing. The LTB may hold a written hearing unless it is satisfied that there is a good reason not to. The decision is an exercise of discretion. This was the process followed by the Landlord, the Tenants and the LTB.
[33] As of March 31, 2020, the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched. 3 ("HTPA") provides the LTB with broad discretion to determine the format of hearings as it considers appropriate, including written hearings. Section 4 of the HTPA provides that the HTPA prevails over the SPPA in the event of a conflict between those two Acts.
[34] On November 30, 2020, Tribunals Ontario released the Updated Practice Direction on Hearing Formats. It states that all hearings will be held either in writing or electronically subject to two exceptions:Tribunals Ontario remains committed to providing fair, effective, accessible and timely access to its hearings. Tribunals Ontario recognizes that electronic and written hearings are necessary for providing fair and efficient access to justice and will continue to shift its focus from in-person hearings to electronic hearings.
Moving forward, all matters will proceed as written or electronic hearings with two exceptions:
(i) The first exception is that an in-person hearing may be provided if a party can establish that an in-person hearing is required as an accommodation for an Ontario Human Rights Code-related need.
(ii) The second exception is where a party can establish that the hearing format will result in an unfair hearing. [35] The Updated Practice Direction on Hearing Formats also provides that the party making the request has the onus of establishing that the hearing format will likely cause them significant prejudice.
[36] Finally, section 183 of the Residential Tenancies Act, 2006, S.O. 2006, c.17 requires the LTB to adopt the most expeditious method of determining the questions arising in a proceeding that affords all parties directly affected by the proceeding an adequate opportunity to know the issues and to be heard on the matter.
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