Ontario Landlords: A Complete Guide to Requesting a Summons for an LTB Hearing (2025 Update)

Introduction

A Request for Summons is a formal procedure used to require a witness to attend a hearing before the Landlord and Tenant Board (LTB) and, if necessary, bring documents relevant to the case.^[1]

A summons compels attendance and ensures the witness provides evidence under oath.

This tool is important when a landlord or tenant needs testimony from:

• A property manager or superintendent
• A neighbour or other tenant who witnessed an incident
• A contractor or repair professional
• A police officer or bylaw officer
• Anyone who has documents or firsthand information relevant to the dispute

A summons ensures the witness cannot legally refuse to participate.

When a Summons May Be Requested

You may request a summons when:

1. A witness has information critical to the case

Examples:

• Witnessed disturbances (N5)
• Observed illegal acts (N6)
• Confirmed damage or safety issues (N7)
• Is aware of chronic late payment behaviour (N8)

2. The witness has relevant documents

Such as:

• Photos or video
• Work orders or repair invoices
• Police reports
• Bylaw inspection notes
• Text messages or emails

3. The witness is unwilling or hesitant to attend

A summons legally obligates them to appear.

4. The case involves complex or contested evidence

Summonses are commonly used in:

• N5 (disturbance, damage)
• N6 (illegal acts)
• N7 (interference with safety)
• N12/N13 (own-use or renovation notices)
• T2/T6 applications filed by tenants

Witness evidence is often decisive in these hearings.

Who Can Be Summoned?

A summons can be issued to:

• Private individuals
• Employees or contractors
• Police or bylaw officers
• Building managers
• Other tenants
• Corporations (via a representative)

However, summonses must be relevant and reasonable.^[3] The LTB will not issue a summons for:

• Irrelevant witnesses
• Harassment purposes
• Fishing expeditions
• Testimony not connected to the dispute

How to Request a Summons

To request a summons, you must:

1. Complete the LTB Request for Summons Form

Include:^[2]

• Your file number
• Full witness details
• Reason the witness is necessary
• Summary of evidence the witness will provide

The Board needs clear justification.

2. Submit the Request to the LTB

Requests can be submitted:

• Through the online portal (where available)
• By email to the LTB (regional inbox)
• By mail or courier
• In person (limited locations)

3. Provide Supporting Evidence

Examples:

• Written statements
• Incident logs
• Proof of attempted voluntary participation
• Photographs or video previews

The stronger the justification, the more likely the LTB will issue the summons.

If the LTB Approves the Summons

The LTB will issue:

1. A Signed Summons

Legally compelling the witness to attend.

2. Instructions for Service

You must serve:

• The summons
• Any attendance money (if required)
• Hearing details

3. Proof of Service Requirements

You must file a Certificate of Service confirming how the summons was served.

Failure to serve the summons properly may void it.

Attendance Money (Important)

For witnesses who are not parties to the proceeding, the landlord must provide:^[1]

• A small attendance fee
• Travel allowance (if applicable)

This must be provided at the time of service, or the summons may not be enforceable.

What Happens If a Witness Ignores a Summons?

If a witness is properly served and fails to appear:

• The LTB may adjourn the hearing
• The LTB may issue a warrant for enforcement through the court, in rare cases
• The landlord or tenant may be permitted to provide secondary evidence

Most witnesses comply once a summons is served because it has legal force.

When the LTB Will Refuse a Summons Request

Common reasons include:

• Witness is irrelevant
• Request is overly broad or lacks detail
• Evidence can be provided another way
• Witness is being summoned for improper motives
• Request is made too close to the hearing date
• The witness's testimony is duplicative

Providing a clear, focused explanation of the witness's importance increases approval chances.

When to Seek Professional Assistance

Summonses can be complex, particularly when:

• The case involves multiple witnesses
• The landlord needs specialized documents or technical testimony
• There are questions about procedural fairness
• The landlord must prove significant allegations (e.g., illegal acts or major disturbances)
• The witness is reluctant or has conflicting interests

Professional help ensures the summons request is properly justified, filed, served, and used effectively at the hearing.

Sources

1. Residential Tenancies Act, 2006 — Sections 183–185
2. LTB: Request for Summons Form
3. LTB Rules of Procedure — Rule 23: Summons
4. LTB Interpretation Guidelines