Ontario Landlords: A Complete Guide to Disclosure Preparation for LTB Hearings (2025 Update)

Disclosure preparation is one of the most important steps in any Landlord and Tenant Board (LTB) proceeding.

Under the Residential Tenancies Act, 2006 (RTA) and the LTB Rules of Procedure, landlords and tenants must serve all evidence they intend to rely on at the hearing. Proper disclosure ensures:

• Fairness to both parties
• Full preparation for the hearing
• Fewer adjournments
• A smoother, more predictable process

Poorly organized or incomplete disclosure is one of the top reasons LTB hearings are delayed or dismissed.

This guide explains what disclosure is, what must be included, and best practices for preparing it professionally.

What Is Disclosure?

Disclosure is the process of:

• Gathering evidence
• Organizing documents
• Serving the evidence on the other party
• Filing it with the LTB (if required)
• Ensuring all materials are ready for the hearing

Disclosure allows the LTB Member and the opposing party to understand the evidence before the hearing begins.

When Disclosure Is Required

Disclosure is required for every LTB application, including:

• L1: Non-payment eviction
• L2: Eviction for other reasons (N5, N6, N7, N8, N12, N13)
• L4: Enforcement of mediated/conditional orders
• L5: Tenant moved out, money owed
• T2/T6 applications filed by tenants
• A1/A2/A4 applications

If you intend to use evidence at the hearing, it must be disclosed in advance.

What Evidence Should Be Included in Disclosure

Typical disclosure for landlords includes:

1. Tenancy Documents

• Lease agreement
• Standard form lease
• Rent receipts
• Payment methods and history

2. Rent Ledger

For L1 and arrears-related cases, a complete, accurate, chronological ledger is essential.

3. Communication Records

• Text messages
• Emails
• Letters
• Notes from conversations

4. Photos and Videos

Common in:

• N5 (damage, disturbance)
• N6 (illegal acts)
• N7 (safety issues)

Videos should be summarized in writing.

5. Incident Logs

These are often critical for:

• N5 disturbances
• N7 safety concerns
• Ongoing behavioural issues

6. Police, Bylaw, or Fire Reports

Used for:

• Illegal acts (N6)
• Safety concerns (N7)
• Property damage claims

7. Invoices and Receipts

Such as:

• Repairs
• Cleaning
• Contractors
• Security services

8. Witness Statements

Signed statements help support allegations.

9. LTB Notices and Certificates of Service

Proof of proper procedure is vital.

How to Organize Disclosure

Proper organization increases credibility and reduces confusion at the hearing.

• Use a clear table of contents
• Label all exhibits (Exhibit A, Exhibit B, etc.)
• Include dates on every document
• Use page numbers throughout the package
• Group similar evidence together
• Use headings for each category

Organized disclosure helps the LTB easily follow your evidence during the hearing.

Disclosure Deadlines

Under the LTB Rules of Procedure, disclosure must be:

• Served in advance of the hearing
• Provided in a way the other party can understand
• Submitted according to digital upload or email rules (depending on hearing format)

Late disclosure may be:

• Refused
• Limited
• Only accepted with conditions
• Cause for adjournment
• Prejudicial to your credibility

It is always best to prepare disclosure early.

Serving Disclosure

Disclosure must be served according to RTA section 191, using methods such as:

• Hand delivery
• Mail or courier
• Email (only with written consent)
• Leaving in tenant's mailbox
• Door posting (for notices, not evidence, unless directed otherwise)

You may also need to submit disclosure to the LTB through its portal or regional email inbox.

Always complete a Certificate of Service after serving evidence.

Common Mistakes in Disclosure Preparation

Frequent errors include:

• Missing key documents
• Poorly organized evidence
• Unclear photos
• Missing dates
• Incomplete rent ledger
• Using screenshots without context
• Failing to summarize videos
• Not serving the tenant at all
• Not serving tenant in time
• Filing incomplete packages

These mistakes often lead to adjourned or dismissed hearings.

Best Practices for Strong Disclosure

• Provide more detail than less
• Use high-quality photos
• Highlight important sections of communication
• Present evidence chronologically
• Include witness contact information
• Double-check all dates
• Ensure all notices and applications match your disclosure

Thorough, organized evidence gives landlords a major advantage at the LTB.

When to Seek Professional Assistance

Landlords often need help when:

• They have large amounts of evidence
• The matter involves multiple incidents
• There are competing versions of events
• The case involves serious allegations (N5/N6/N7)
• Deadlines are tight
• They want to avoid adjournments

Professional disclosure preparation ensures clarity, compliance, and effectiveness.

Sources

1. Residential Tenancies Act, 2006 — Sections 190–191
2. LTB Rules of Procedure — Evidence and Disclosure
3. LTB Interpretation Guidelines
4. Tribunals Ontario: LTB Forms & Resources

This article is for informational purposes only and does not constitute legal advice.