The Elusive Representation Fee at the Landlord Tenant Board Ontario

If you are represented by a paralegal Ontario at the Landlord and Tenant Board, you could be awarded a representation under certain circumstances. This representation fee is capped at $100.00 per hour, and $700.00 for a whole proceeding.

In most cases, the only costs allowed will be the application fee. The guidelines give the board a wide ranging reasons to award costs for representation fees.

Cost orders in the Landlord and Tenant Board are governed by Guideline #3, and the Rule 27, as well sections 204(2) to (4) of the Residential Tenancies Act, 2006.

Section 204(2)(3)(4) of the RTA state:

(2) The Board may order a party to an application to pay the costs of another party.
(3)  The Board may order that its costs of a proceeding be paid by a party or a paid agent or counsel to a party.
(4)  The amount of an order for costs shall be determined in accordance with the Rules

 

However, the board should not use its power to order costs in a way which would discourage landlords and tenants from exercising their statutory rights.

A landlord or a tenant can be awarded costs for representation/preparation fees and other out-of-pocket expenses. These representation costs can be awarded for unreasonable conduct of a party. The costs may be ordered to be paid by the party or their legal representative.

Some examples of unreasonable conduct that could attract a costs order include:

  1. Bringing a frivolous or vexatious application or motion;
  2. Initiating an application or any procedure in bad faith;
  3. Taking unnecessary steps in a proceeding;
  4. Failing to take necessary steps, such as those required by the RTAor Rules;
  5. Any misconduct at the hearing or in the proceeding;
  6. Raising an issue which is irrelevant to the proceedings and continuing to pursue that issue after the Member has pointed out that it is irrelevant;
  7. Asking for adjournments or delays without justification;
  8. Failing to prepare adequately for the hearing;
  9. Acting contemptuously toward the Member or showing a lack of respect for the process or the Board;
  10. Failing to follow the directions of the Member or upsetting the orderly conduct of the hearing; and
  11. Maligning another party or unreasonably slurring the character of the other party.

Examples of failing to comply with the RTA or Rules would include the following situations:

Failing to follow a procedural order or direction such as an order to serve another party with a document

Serving another party in a way which was not appropriate;

Delaying the hearing by not taking actions required in the Rules.

If you need representation at the Landlord and Tenant Board, particularly at Toronto North, Toronto South or Toronto East locations, contact Marshall Yarmus of Civil Litigations at 416-229-1479 or www.CivilParalegal.com