Success at the Landlord and Tenant Board (LTB) often comes down to one crucial factor: the quality and presentation of your evidence. Whether you're a landlord seeking eviction or a tenant fighting harassment claims, understanding how to build a compelling case through proper documentation and witness testimony can make the difference between victory and defeat. This comprehensive guide examines real LTB cases to reveal the evidence strategies that win—and the common mistakes that lose.
The Foundation: Understanding Evidence at the LTB
The LTB operates under different rules than traditional courts, but the fundamental principle remains: you must prove your case on a balance of probabilities. This means your evidence must be more convincing than your opponent's, and it must be admissible under LTB procedures.
Types of Evidence the LTB Accepts
Documentary Evidence:
- Photographs and videos
- Receipts and financial records
- Correspondence (emails, letters, text messages)
- Official reports (police, bylaw, health inspectors)
- Lease agreements and notices
- Medical records and professional assessments
Testimonial Evidence:
- Direct testimony from parties
- Witness testimony
- Expert testimony (in appropriate cases)
Physical Evidence:
- Damaged items
- Samples (where relevant and safe)
The Hearsay Trap: Why Second-Hand Evidence Fails
One of the most common reasons cases fail at the LTB is reliance on hearsay evidence—information that comes from someone other than the person who directly witnessed or experienced the events.
When Hearsay Evidence Gets Rejected
The case of lau-v-mordchaev perfectly illustrates this principle. A landlord tried to evict a tenant for allegedly causing flood damage through negligence. However, "the Landlord's evidence was found to be hearsay, while the Tenant's direct testimony and supporting evidence were more credible." The landlord's application was dismissed because they couldn't provide direct evidence of the tenant's alleged negligence.
Similarly, in p-v-m-2019-tel-00342-19, landlords failed in their N12 personal use application because they "failed to meet the burden of proof, as the evidence provided was largely hearsay and did not meet the tests of necessity or reliability." The landlords relied on second-hand information about their daughter's intentions rather than having her testify directly.
The Necessity and Reliability Test
For hearsay evidence to be admitted, it must meet two criteria:
- Necessity: The original source must be unavailable
- Reliability: The evidence must have sufficient guarantees of trustworthiness
The case of mehta-v-armstrong demonstrates this standard. A landlord's application was dismissed because "the Landlord's hearsay evidence was not found to be necessary and reliable." The landlord failed to summon the director who witnessed the alleged incident, making the hearsay evidence unnecessary.
Building Your Documentary Evidence Foundation
The Power of Contemporaneous Records
The most compelling documentary evidence is created at the time events occur, not reconstructed later for litigation purposes.
Best Practices for Documentation:
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Date and Time Everything: Every photograph, email, and record should be clearly dated and timed.
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Maintain Detailed Records: In k-l-v-j-z-and-s-l-z, "the Landlord's receipts provided credible evidence of the amounts and dates of payments received from the Tenant," helping dismiss the tenant's claim of illegal charges.
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Preserve Original Communications: Screenshots of text messages, printed emails with headers, and original letters all carry more weight than summaries or paraphrases.
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Create Incident Reports: Document problems as they occur, including dates, times, witnesses present, and actions taken.
Photographic Evidence Standards
Photographs are powerful evidence, but they must be properly prepared and presented:
- Clear and Relevant: Photos must clearly show what you're trying to prove
- Properly Dated: Use cameras or phones that embed date/time stamps
- Multiple Angles: Show context and detail
- Before and After: Document conditions over time
In l-s-and-m-s-v-g-m, tenants used photographs to support their bad faith eviction claim, taking pictures "from August 25, 2014 to October 15, 2014, claiming they showed no occupancy." However, the Board found the photographic evidence inconclusive, highlighting the importance of clear, compelling visual documentation.
Witness Testimony: Your Secret Weapon
The Value of Direct Witnesses
Direct witness testimony often carries more weight than any other form of evidence. The case of st-thomas-elgin-social-services-v-hunter illustrates this perfectly. The landlord's application was dismissed because it was "based entirely on hearsay evidence," while "the Tenant denied all allegations and provided 3 witnesses to support her position."
Preparing Your Witnesses
Essential Witness Preparation Steps:
- Identify Relevant Witnesses Early: Anyone who directly observed the events in question
- Ensure Availability: Confirm witnesses can attend the hearing date
- Prepare Witness Summaries: As required by LTB disclosure rules
- Brief Witnesses on the Process: Explain what to expect at the hearing
- Focus on Direct Observations: Witnesses should testify only to what they personally saw, heard, or experienced
The Consequences of Missing Witnesses
The case of berger-v-sheikh shows what happens when witnesses aren't properly presented. The landlord's review request was granted because "the Landlord was not given an opportunity to call any of his four witnesses to testify, which could have provided relevant testimony to address many of the issues raised in the Tenant's application."
Evidence Disclosure: Playing by the Rules
Mandatory Disclosure Requirements
The LTB requires parties to exchange evidence before hearings. This isn't optional—it's mandatory, and failure to comply can result in evidence being excluded.
Standard Disclosure Timelines:
- Documents, photographs, and witness lists typically due 7-15 days before hearing
- Parties must provide copies to both the other party and the LTB
- Late disclosure may result in evidence being excluded
The case of dil-v-kkw-2015-tel-52892-14-rv demonstrates the consequences of non-compliance. A tenant's review request was denied because they "failed to provide required documents to Landlord by the deadline set in the interim order."
What to Include in Disclosure
Complete Evidence Package:
- All documents you intend to rely on
- Witness lists with contact information
- Summaries of witness testimony
- Photographs and recordings
- Expert reports (if applicable)
Credibility: The Ultimate Deciding Factor
How the LTB Assesses Credibility
LTB members are trained to assess credibility based on several factors:
- Consistency of testimony
- Corroboration by other evidence
- Demeanor and responsiveness
- Logical coherence of the account
- Supporting documentation
The case of vw-v-iv emphasizes this: "The central issue was the credibility of the witnesses. The Member provided extensive reasons with references to evidence on the record to support the findings."
Building Credibility Through Consistency
Strategies for Maintaining Credibility:
- Be Consistent: Ensure your testimony aligns with your written statements and evidence
- Admit Uncertainties: It's better to say "I don't remember" than to guess
- Stay Factual: Focus on what happened, not your interpretations or emotions
- Bring Supporting Evidence: Corroborate your testimony with documents and witnesses
When Credibility Fails
The case of sh-v-lr shows how conflicting witness accounts can undermine a case. The landlord's application was dismissed because "the conflicting evidence from the Landlord's witnesses regarding the location of their conversations with the Police was not convincing."
Common Evidence Mistakes That Lose Cases
1. Relying Solely on Hearsay
In london-middlesex-community-housing-v-proulx, the landlord's application was dismissed because they "relied solely on hearsay evidence in the form of complaint emails from other tenants." The complaining tenants weren't present to testify, making their complaints worthless.
2. Failing to Call Key Witnesses
The case of fa-v-ak demonstrates this error. The landlord's case failed because they "did not call the alleged victim as a witness" and "did not request summonses for the alleged witnesses."
3. Inadequate Documentation
In martins-v-tavares, tenants claimed they had payment arrangements but "could not provide any evidence to support this" and "failed to provide any documentation to corroborate their testimony."
4. Late or Incomplete Disclosure
The case of gm-v-klm-sm shows the problems with late disclosure. The hearing was adjourned because "Landlords provided late disclosure to Tenant on the day of the hearing."
Strategies for Different Types of Cases
Non-Payment of Rent Cases
Landlord Evidence Checklist:
- Valid N4 notice with proper service
- Rent ledger showing payments and arrears
- Lease agreement establishing rent amount
- Bank records showing non-payment
- Evidence of any partial payments received
Maintenance and Harassment Cases
Tenant Evidence Strategy:
- Photographs of conditions over time
- Correspondence with landlord about issues
- Witness testimony from other tenants or visitors
- Professional reports (health inspector, contractor estimates)
- Medical records (if health impacts claimed)
Personal Use (N12) Cases
Landlord Requirements:
- Affidavit from the person who will occupy the unit
- Evidence of genuine intention (moving arrangements, job transfers, etc.)
- Compensation payment records
- Proper notice service documentation
Expert Evidence: When to Use Professionals
Types of Expert Evidence
While not always necessary, expert evidence can be powerful in appropriate cases:
- Building inspectors for maintenance issues
- Medical professionals for health impacts
- Contractors for damage assessments
- Accountants for financial calculations
Presenting Expert Evidence
Expert witnesses must be qualified and their evidence must be relevant and necessary. The LTB generally accepts expert evidence more readily than traditional courts, but it must still meet basic reliability standards.
Technology and Modern Evidence
Digital Evidence Best Practices
Text Messages and Emails:
- Preserve complete conversation threads
- Include headers showing sender/recipient information
- Take screenshots showing date/time stamps
- Print or save in multiple formats
Video and Audio Recordings:
- Ensure recordings are legal in your jurisdiction
- Maintain original files without editing
- Provide transcripts for audio recordings
- Verify date/time stamps are accurate
Social Media Evidence
Social media posts can be relevant evidence, but they must be properly authenticated and their relevance clearly established.
Preparing for Cross-Examination
Anticipating Challenges to Your Evidence
Common Lines of Attack:
- Questioning the authenticity of documents
- Challenging witness credibility
- Highlighting inconsistencies in testimony
- Arguing evidence is irrelevant or prejudicial
Defending Your Evidence
Preparation Strategies:
- Review all evidence thoroughly before the hearing
- Prepare explanations for any apparent inconsistencies
- Organize documents chronologically and logically
- Practice presenting key evidence clearly and concisely
The Hearing Day: Presenting Your Evidence
Order of Presentation
Typically, the applicant presents their case first, followed by the respondent. Each party presents:
- Opening statement (brief overview)
- Documentary evidence
- Witness testimony
- Closing arguments
Best Practices for Evidence Presentation
During the Hearing:
- Organize evidence in logical order
- Refer to specific documents by exhibit numbers
- Allow witnesses to speak for themselves
- Stay focused on relevant issues
- Be prepared to explain the significance of each piece of evidence
When Evidence Isn't Enough: The Role of Legal Arguments
Connecting Evidence to Legal Standards
Having good evidence isn't enough—you must connect it to the legal requirements for your case. For example, in harassment cases, you must show the conduct was more than minor inconvenience and substantially interfered with reasonable enjoyment.
Burden of Proof Considerations
Remember that different types of applications have different burden of proof requirements:
- Civil standard (balance of probabilities) applies to most LTB cases
- Some serious allegations may require clearer evidence
- The party making the claim bears the burden of proving it
Conclusion: Building Your Winning Evidence Strategy
Success at the LTB requires more than just having a good case—you need to prove it with admissible, credible, and compelling evidence. The cases examined reveal several key principles:
Essential Evidence Rules:
- Direct evidence beats hearsay every time
- Contemporary documentation is more credible than reconstructed records
- Witness testimony must be from people who directly observed events
- Disclosure deadlines are mandatory and strictly enforced
- Credibility is often the deciding factor in close cases
Winning Strategies:
- Start documenting issues immediately when they arise
- Preserve all relevant communications and records
- Identify and prepare witnesses early in the process
- Comply with all disclosure requirements and deadlines
- Focus on facts, not emotions or interpretations
- Corroborate testimony with supporting documentation
Common Pitfalls to Avoid:
- Don't rely on hearsay when direct evidence is available
- Don't wait until the last minute to gather evidence
- Don't assume the other party will admit obvious facts
- Don't present evidence without explaining its relevance
- Don't forget to bring multiple copies of all documents
The LTB process may seem daunting, but with proper evidence preparation, you can present a compelling case that protects your rights and interests. Remember that the Board members are experienced in evaluating evidence and credibility—they can usually distinguish between well-prepared, truthful parties and those who are unprepared or attempting to mislead.
Whether you're facing eviction, seeking rent abatement, or dealing with harassment claims, investing time in proper evidence preparation is the single most important step you can take toward achieving a successful outcome at the LTB. The evidence game may be complex, but with the right strategy and preparation, you can play to win.
