Visual presentation can be powerful.
As a lawyer who often appears before the Landlord and Tenant Board, I find photographic evidence helpful. While the testimonies of the parties are often contested, photographs offer a fairer and more accurate representation of the scene.
Under the law, the Landlord and Tenant Board may consider “any document or other thing” that is relevant to the proceeding as evidence.* However, for the evidence to be given proper weight, it should be authenticated. This is particularly important in the digital age, where photos can be digitally enhanced or edited.
Although the authentication requirements before the Landlord and Tenant Board may be less stringent than those of the Superior Court, the following questions must generally be answered to the Board’s satisfication:
- Who took the photo?
- When was it taken?
- What does it depict?
- Is it a fair and accurate representation of the scene?
If for legitimate reasons a photograph requires digital enhancement, it’s best done by a reputable third parties, e.g. a commercial photo studio. The person who has enhanced the photos should give evidence on what the purpose of the work was and how it was done. The original, unadulterated version should also be presented for comparison.
Finally, for cases funded by Legal Aid Ontario, there’s generally a cap on how much you can spend on photographs. Therefore, sometimes you may have to choose the most compelling photos to submit as evidence rather than throwing in the kitchen sink.
*Statutory Powers Procedure Act, R.S.O. 1990, c. S22, s. 15(1)
