(Conversation with Grok AI)
How to challenge the result of the Ontario LTB hearing during which tenants were misled to believe that they were negotiating and voting on Landlord’s application for rent increase above guideline (AGI) to be applied over three consecutive years and which was later interpreted by the landlord as applying only to the third year of the AGI requested in Landlord’s application? Since the LTB did not allow tenants to record the hearing (video or audio), how can I request that they make their recording available to me for review?
To challenge the results of an Ontario Landlord and Tenant Board (LTB) hearing where you believe you were misled, you must act quickly, as strict deadlines apply. The primary method to challenge the order is to file a Request to Review an Order (Form R1) on the grounds of a serious error in procedure or fact.
Here is the step-by-step process for requesting the recording and challenging the decision.
1. How to Request the LTB Hearing Recording
Although the LTB does not allow tenants to make their own recordings, they do record hearings digitally and will provide a copy upon request. 
- Form Required: Complete the Request for Hearing Recording form (available on the Tribunals Ontario website).
- Fee: The request must be accompanied by a fee of $16.15.
- Submission: You can submit this form via email to LTBpayments@ontario.ca (if paying online), by mail/courier, or in-person at a ServiceOntario location.
- Access: If available, the LTB will send a password-protected link to the recording via email, which is usually available for 30 days.
- Timeframe: Make this request immediately, as recordings can be erased after ten years, though they are generally available shortly after the hearing.
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2. How to Challenge the Decision
If you believe the landlord misrepresented the terms of the agreement during negotiations, leading to an unfair order, you have two main options:
Option A: Request to Review an Order (Form R1)
- Deadline: You must file this request within 30 days of the date the order was issued.
- Grounds: You must prove a “serious error” occurred, such as:
- Procedural Error: You were not reasonably able to participate in the proceeding, or the process was unfair.
- Error of Fact: The member’s decision was based on incorrect or misleading information (e.g., the misrepresented AGI timeline).
- Fee: $58 (unless a fee waiver is obtained).
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Option B: Appeal to Divisional Court
- Deadline: Within 30 days of the decision.
- Grounds: Only for errors of law (e.g., the LTB misinterpreted the Residential Tenancies Act). This is more expensive and complex than a review.
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3. Immediate Action Plan
- Request the Recording: Use the steps above to get the audio/video to prove the misrepresentation.
- Contact Legal Aid/Tenant Duty Counsel: Contact your local community legal clinic, as they can provide free advice on complex AGI issues.
- Organize Tenants: If this affected multiple units, organize with other tenants. Collective action can be more effective than individual challenges.
- File the Request to Review: Even if you are still waiting for the recording, file the Review Request (R1) within 30 days to meet the deadline, stating that you are waiting on the audio evidence.
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Disclaimer: I am an AI, not a lawyer. The information above is based on official LTB procedures. Legal advice should be sought for specific, complex cases.
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