Evidence should connect to an issue the LTB must decide.
Evidence is the information used to support or challenge the facts in an application. It can include documents, photographs, audio or video recordings, emails, text messages, social-media content, physical objects and testimony from witnesses. The LTB asks parties to provide relevant materials rather than every document connected to the tenancy.
Begin by listing the issues raised in the application and any issues that may properly be raised in response. Beside each issue, identify the facts that must be established and the records or witnesses that can support them. This avoids producing a large file without a clear connection between the evidence and the requested outcome.
Create a chronology before assembling exhibits.
A chronology is a dated sequence of significant events. It can identify when the tenancy began, when payments were due or received, when concerns were reported, when inspections or repairs occurred, when notices were served and what happened afterward.
For each event, record the date, people involved, source document and why it matters. If a date is uncertain, do not guess. Identify the available range or locate the record that confirms it.
Collect the core records.
The required documents depend on the application, but an organized starting file may include:
- The tenancy agreement and amendments.
- Notices, applications, certificates of service and prior LTB orders.
- Rent ledgers, payment receipts and bank or accounting records.
- Emails, letters and relevant text-message conversations.
- Inspection records, work orders, invoices and contractor documentation.
- Photographs and videos showing relevant conditions or events.
- Municipal, utility or other third-party records where relevant.
- A list of potential witnesses and the facts each person can address.
Make financial evidence understandable.
Where a claim involves rent, charges, repairs or other money, the calculation should be capable of being followed. A rent ledger should distinguish rent charged, payments received, adjustments and the balance claimed. Repair or replacement claims should connect the amount requested to invoices, estimates, proof of payment or other supporting records.
Check that the figures in the evidence match the notice, application and any updated calculation being presented. Explain legitimate changes rather than leaving inconsistent totals unresolved.
Preserve context for photographs and digital communications.
A photograph is more useful when the date, location, photographer and subject can be explained. Keep original files where possible. For messages or emails, preserve enough of the conversation to show the participants, dates and context. A cropped screenshot may omit information needed to understand what was said.
Audio and video evidence should be reviewed in advance. Identify the relevant portion and be prepared to explain who created the recording, when it was made and what it shows. Large files may require a permitted delivery method or advance direction from the LTB.
Plan witness evidence early.
A witness should have relevant information based on what they personally observed, did or recorded. Confirm the witness’s availability and the points their testimony will address. Documents do not always explain themselves; a witness may be required to establish where a record came from or what occurred.
Witness preparation should focus on the process, the documents and the topics likely to be addressed. A witness should give truthful evidence in their own words rather than memorize a script.
Uploading is not necessarily the same as disclosure.
The Tribunals Ontario Portal can be used to upload evidence for supported files. Parties must also comply with the applicable requirements for providing their evidence to the other parties. Review the Notice of Hearing, current Rules of Procedure and Practice Direction on Evidence for the correct method and deadline.
Prepare a hearing-ready document set.
Arrange the evidence in a logical order, include a simple index and use consistent page numbers. Keep the most important documents easy to locate. During a virtual hearing, the member and the other party should be able to identify the same document without delay.
Caselaw and written legal submissions are different from evidence. Keep the factual record separate from legal authorities and argument so each can be used for its proper purpose.
Common evidence problems.
- Producing large volumes of material without identifying relevance.
- Relying on summaries without the underlying records.
- Submitting screenshots with missing dates, names or context.
- Using calculations that conflict with the application or ledger.
- Assuming that uploading evidence automatically provides it to every required party.
- Failing to confirm a witness’s availability.
- Trying to introduce important evidence for the first time at the hearing.
- Combining evidence, argument and settlement communications without proper review.