A while ago, I explained the role of costs in the civil litigation process in Ontario, and that the winning party at a hearing is presumed to be entitled to costs. (Click here to read the blog post on Costs.) Today I’d like to talk about costs at the Landlord and Tenant Board.
Costs are applicable in the Landlord and Tenant Board, but only to a limited extent. Typically, the successful party is entitled to the out-of-pocket filing fees. For example, let’s say you haven’t paid rent for 3 months and your landlord takes you to the Board and pays a $150 filing fee to have the application filed. Even if you eventually manage a payment plan with the landlord, you nonetheless will be required to repay the landlord $150 for the filing fee.
Although the filing fees are regularly awarded, the actual costs of representation are rarely ordered. According to the Landlord and Tenant Board guidelines, compensation for the fees of one party’s representative should only be allowed if the other party’s conduct has been unreasonable and caused undue delays. Possible examples may include failure to comply with the orders made by the board, and inappropriate service of documents to the other party.
However, the costs awarded will typically be less than the actual expenses because the allowable fees for representation under the legislation are capped at $75 per hour. This is considerably lower than what lawyers charge.
Finally, the Board may order one party to pay further costs to the Board when a party or a party’s paid agent has acted improperly. The Board may order that party to pay an amount that partly covers the expenses incurred by the Board as the result of that conduct.
If you don’t pay the costs as ordered by the Board, the Board may
- refuse to allow the filing of an application;
- order a stay in proceedings;
- find a delay in the issuance of an order; and
- declare a discontinuance of the proceeding.
