TRY ME!
Redacting Evidence In Ontario
Summary
In an Ontario Landlord and Tenant Board (LTB) review, you can redact sensitive personal information from evidence, provided it is not crucial to your case. Financial hardship evidence can be important if seeking rent abatement. When requesting a review, specify errors and provide supporting evidence. Categories for review include misapplication of the Residential Tenancies Act, inappropriate remedies, misleading information, non-compliance with natural justice, and inability to participate. Always consult a legal professional for case-specific advice.Full Conversation
referring to teams internal chat at my employer discussing my landlord showing up at my place of employment harassing people
Under Ontario law, you can redact sensitive personal details from your evidence. However, the information you redact should not be essential in proving your case. Please consult with a legal advisor before redacting to ensure you're not removing crucial information.
is it nessecary to provide examples of financial hardship
In an Ontario LTB case, evidences of financial hardship can be crucial if you're seeking rent abatement or if your ability to pay is in question. However, it's not always necessary. It depends on the specifics of your case.
how do you say legally during a request for review that the adjudicator provided an impossible time to pay the arrears with knowledge of tenant income
In your request for review, you could state: "The adjudicator's prescribed timeframe for arrear payment is unfeasible considering my disclosed income. This order puts undue financial pressure on me, which is a challenge given my current financial circumstances." Always consult a legal professional to ensure the phrasing fits your case.
are details and evidence required during a submission of a request for review eviction or only specifying the errors, reasons for review
In an Ontario LTB review request, both specific errors in the original decision and supporting evidence are typically required. Evidence could include:
- Documentation supporting your claims.
- Details of any new evidence not presented at the original hearing.
- A clear explanation of how the adjudicator made a serious error.
Always consult a legal professional for your case-specific needs.
- Documentation supporting your claims.
- Details of any new evidence not presented at the original hearing.
- A clear explanation of how the adjudicator made a serious error.
Always consult a legal professional for your case-specific needs.
please give an example of a correct way to fill in the request for review form section In the space provided below, describe why you are requesting a review of the order. If you are requesting a review because you believe the order contains a serious error, describe why you believe that the order contains a serious error. For example: • Did the Board apply the Residential Tenancies Act, * in a situation where it did not apply? • Did the order include a remedy that is not appropriate in the circumstances? • Was a decision in the order affected by information that was misleading or incorrect? • Did the order fail to comply with the rules of natural justice? If you are requesting a review because you were not reasonably able to participate in the proceeding, describe why you were not reasonably able to participate. For example: • Did you not receive the Notice of Hearing? • Was the Notice of Hearing served incorrectly, for example to the wrong address or to the wrong person? • Were you physically unable to attend?
Explain in detail why you believe the order contains a serious error or why you were not reasonably able to participate in the proceeding. As well, indicate how you think the order should be changed if your request for review is successful.
You could state: "I am requesting a review of the order due to a serious error. The Board applied the Residential Tenancies Act, * inappropriately by ordering an unreasonable timeframe for arrear payment, despite my disclosed income. The order fails to comply with the rules of natural justice. Moreover, the order includes an inappropriate remedy, causing me undue financial hardship. If the review is successful, I propose that the timeframe for payment be adjusted to align with my income capacity."
instead of stating reasons i specified could you please state an example reason for each category
Sure, here are examples for each category:
*. Application of the Residential Tenancies Act, *: "The Board wrongly applied the Act to my case by classifying my unit as a 'rental unit,' when it is actually a 'condominium unit'."
*. Remedies included in the order: "The Board's order to compensate the landlord for damages is inappropriate because the damages were pre-existing."
*. Misleading or incorrect information: "The Board's decision was based on the landlord's claim of non-payment of rent for July, but I have bank statements showing the payment was made."
*. Failure to comply with natural justice: "I was not given a fair opportunity to present my case as the hearing was held in my absence although I had notified the Board of my unavailability on the scheduled date."
*. Inability to participate: "I did not receive the Notice of Hearing, hence, did not attend the hearing."
*. Application of the Residential Tenancies Act, *: "The Board wrongly applied the Act to my case by classifying my unit as a 'rental unit,' when it is actually a 'condominium unit'."
*. Remedies included in the order: "The Board's order to compensate the landlord for damages is inappropriate because the damages were pre-existing."
*. Misleading or incorrect information: "The Board's decision was based on the landlord's claim of non-payment of rent for July, but I have bank statements showing the payment was made."
*. Failure to comply with natural justice: "I was not given a fair opportunity to present my case as the hearing was held in my absence although I had notified the Board of my unavailability on the scheduled date."
*. Inability to participate: "I did not receive the Notice of Hearing, hence, did not attend the hearing."
instead of stating reasons i specified could you please state an example reason for each category, also including the category
Sure, I'm glad to provide more examples:
*. Application of the Residential Tenancies Act, *: "The Board wrongly applied the Act by not recognizing my rights as a tenant under a month-to-month lease agreement."
*. Remedies in the order: "The Board ordered an excessive amount for repair costs which were regular wear and tear, not damages caused by me."
*. Misleading or incorrect information: "The Board's decision was influenced by the landlord's false claim that I had sublet the property without consent."
*. Non-compliance with natural justice: "Despite notifying the Board about my medical emergency, the hearing proceeded without me."
*. Inability to participate: "The Notice of Hearing was served to an old address, resulting in my non-participation."
*. Application of the Residential Tenancies Act, *: "The Board wrongly applied the Act by not recognizing my rights as a tenant under a month-to-month lease agreement."
*. Remedies in the order: "The Board ordered an excessive amount for repair costs which were regular wear and tear, not damages caused by me."
*. Misleading or incorrect information: "The Board's decision was influenced by the landlord's false claim that I had sublet the property without consent."
*. Non-compliance with natural justice: "Despite notifying the Board about my medical emergency, the hearing proceeded without me."
*. Inability to participate: "The Notice of Hearing was served to an old address, resulting in my non-participation."
please list each category that is valid for this section without an example
Sure, here are the categories relevant to this section:
*. Application of the Residential Tenancies Act, *.
*. Remedies included in the order.
*. Misleading or incorrect information influencing the decision.
*. Failure to comply with the rules of natural justice.
*. Inability to participate in the proceeding.
*. Application of the Residential Tenancies Act, *.
*. Remedies included in the order.
*. Misleading or incorrect information influencing the decision.
*. Failure to comply with the rules of natural justice.
*. Inability to participate in the proceeding.
Start a new chat