Can Tenants Recover Legal Costs at the LTB in Ontario?

Many tenants in Ontario worry about who pays legal costs when a dispute reaches the Landlord and Tenant Board (LTB). This guide explains when a tenant might recover legal or party-and-party costs, what the LTB typically awards, and practical steps renters can take to protect themselves before, during, and after a hearing. You’ll learn how to prepare evidence, which official applications and forms to check, how to ask for costs in a hearing, and alternatives like settlement or legal clinics. The language is plain and aimed at renters who are not lawyers but want clear, actionable information about costs, deadlines, and resources available in Ontario.

How the LTB treats legal costs in Ontario

The Landlord and Tenant Board handles residential tenancy disputes and decides whether costs can be awarded.Landlord and Tenant Board^[1] The Board generally does not award full legal fees like a court might; it may award modest party-and-party costs in limited situations, for example when a party acted unreasonably or an application was frivolous. The test for costs is fact-specific and discretionary, so outcomes vary by case.

When tenants can ask for legal costs

Tenants can request costs when they believe the landlord brought a baseless application, acted in bad faith, or caused unnecessary delay. Typical examples include a landlord repeatedly filing eviction applications that are dismissed, or intentionally withholding key documents that force a tenant to return to hearings.

• If a landlord files repeated meritless eviction applications, a tenant can ask the LTB to award costs.
• When a tenant can prove extra time or out-of-pocket expenses because of unreasonable conduct, the Board may consider an award.
• If the landlord failed to follow procedural rules or disclose documents, mention this when requesting costs.

How to ask the LTB for costs

You must clearly request costs during the hearing or in your written submissions and provide evidence of the extra work or expenses. If you want the Board to consider costs, say so early and file any supporting documents according to LTB filing rules.

1. Check timelines and requirements on the LTB forms page before filing so you file on time and follow directions.
2. Gather clear records: emails, receipts for out-of-pocket costs, and a short log of wasted hearing time or repeated applications.
3. Use the appropriate application or evidence cover sheet when submitting documents to the LTB.
4. At the hearing, explain briefly why costs are fair, point to your evidence, and ask the member to consider a costs order.
5. Keep copies of filings and the Board decision; if costs are denied, you can review reasons and consider asking for reconsideration where permitted.

Key documents and official forms

Use the official LTB forms and follow their instructions. The LTB publishes forms for different applications and evidence submissions; read the form instructions carefully before filing.LTB forms^[3] Examples of relevant items include application forms, the evidence cover page, and any procedural direction forms. For legal context, review the Residential Tenancies Act, 2006^[2], which governs the Board’s jurisdiction and remedies.

Alternatives to asking for costs at a hearing

Often tenants get better results through settlement, mediation, or community legal advice. If costs are unlikely, consider asking for a compromise that avoids extra hearings and expenses. For general dispute resolution tips and common problems tenants face, see Common Issues Tenants Face and How to Resolve Them and review landlord and tenant duties in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Practical example

Jane, a tenant, faced three eviction applications from her landlord that were dismissed. She kept emails, hearing records showing repeated filings, and receipts for time off work to attend hearings. At the final hearing she asked the member for costs, presented a short bundle of evidence, and received a modest party-and-party costs award to compensate for wasted hearings.

FAQ

Can I recover full lawyer fees from the landlord at the LTB?

No. The LTB rarely awards full lawyer fees; it may award modest party-and-party costs in limited circumstances.

Do I need a lawyer to ask for costs?

No. Tenants can represent themselves and must explain and document why costs are appropriate.

What evidence helps a costs request?

Copies of repeated applications, emails showing unreasonable conduct, hearing schedules showing wasted time, and receipts for out-of-pocket expenses are helpful.

Where can I find official LTB forms and rules?

Official LTB forms and procedural information are on the Tribunals Ontario LTB forms and rules pages.

How-To

1. Confirm procedural deadlines and the right form on the LTB forms page.
2. Collect and label evidence showing extra hearings, wasted time, or out-of-pocket costs.
3. File your documents and a clear written request for costs with your application or written submissions.
4. Explain your cost request briefly at the hearing and point the member to the key documents in your bundle.
5. After the decision, keep the written reasons and follow any directions if you decide to request reconsideration.

Key Takeaways

• Costs awards at the LTB are uncommon and granted only in limited circumstances.
• Strong documentation of repeated or unreasonable conduct improves a tenants chance of a costs award.
• Review and use official LTB forms and follow filing directions carefully.

Help and Support / Resources

• Landlord and Tenant Board - hearings, forms, and decisions
• Residential Tenancies Act, 2006 - legislation and tenant rights
• Ministry of Municipal Affairs and Housing - tenant resources

1. [1] Landlord and Tenant Board - Tribunals Ontario
2. [2] Residential Tenancies Act, 2006 - Ontario Laws
3. [3] LTB Forms - Tribunals Ontario