Guide to Re-opening Applications with the Landlord and Tenant Board (English / French)

Understanding the "Request to Re-open an Application" Form for Landlord and Tenant Disputes in Ontario

If you are involved in a housing dispute under the jurisdiction of the Landlord and Tenant Board (LTB) in Ontario, you may find yourself needing to request the re-opening of a previously resolved application. This official form is specifically designed for parties seeking to revisit a decision that has already been made, under certain circumstances. This article provides a comprehensive overview of the purpose of this form, who should fill it out, how to complete it, and what supporting documents are necessary.

What Is the Purpose of This Form?

The "Request to Re-open an Application" form allows a party involved in a housing-related dispute to ask the LTB to revisit a decision that was previously settled through a mediated agreement or a consent order. It is a procedural step that can be taken if new evidence emerges, if there was misconduct, or if the original agreement was entered into under false pretenses or coercion. The form essentially initiates a formal process for the Board to reconsider its previous ruling, based on specific legal grounds.

Who Should Fill Out This Form?

• Parties to the original application: landlords, tenants, co-op members, or other involved parties who wish to challenge the resolution of their case.
• Parties seeking to address issues such as: breach of mediated agreements, false information, coercion, or capacity issues at the time of agreement.
• Legal representatives or authorized agents: who are acting on behalf of the original parties, provided they complete the relevant sections of the form.

It is important to note that the request must be filed within specific timeframes: within one year if the case was resolved via mediated agreement, or within 30 days if it was resolved through a consent order under section 206 of the Residential Tenancies Act, 2006.

How to Complete the Form

Part 1: General Information

This section requires you to provide details about the original application, including the file number, your contact information, and details about the rental unit or co-op member unit involved. You should also list any other parties involved in the original case, along with their contact details. If there are multiple parties, a Schedule of Parties form must be attached.

Part 2: Reasons for Re-Opening

This is a critical section where you must clearly specify the grounds for requesting the re-opening:

• Failure of the other party to meet the terms of the original agreement.
• Misleading or false information provided intentionally, which influenced the original decision.
• Issues related to capacity or coercion at the time of entering into the agreement.

You must also provide a detailed explanation of your reasons, including specific facts and circumstances. Additional sheets can be attached if necessary.

Part 3: Signature and Submission

Sign and date the form to certify the accuracy of the information provided. If a representative is submitting the form, their details and LSUC number (if applicable) must be included. The completed form, along with any supporting documentation such as a copy of the mediated agreement, should be filed with the LTB either in person, by mail, courier, email, or fax.

Supporting Documents and Important Considerations

To support your request, you must attach relevant documents, particularly if claiming that the original agreement was entered into under false pretenses or coercion. The Board may schedule a hearing to review your case, and you will receive notice accordingly.

It is crucial to adhere to the specified time limits, as late requests may not be accepted. Filing false or misleading information is an offence under the Residential Tenancies Act, 2006, and can have legal consequences.

Additional Resources and Contact Information

For further assistance or questions about the form or process, you can contact the Landlord and Tenant Board at 416-645-8080 or toll-free at 1-888-332-3234. The Board’s website also provides detailed guidance and downloadable forms at tribunalsontario.ca/ltb.

Remember, all information submitted may become part of the public record unless a confidentiality order is granted. Parties seeking confidentiality should specify this request in their application.