Step 3.2: What happens on the day of the Eviction Hearing?
Your client should be prepared to spend the day dealing with their hearing. Their Notice of Hearing should tell them where and what time they are expected to attend, but they may be encouraged to attend mediation with their landlord before the hearing.
Before the Hearing:
- Your client will be required to “sign-in”– this should be the first thing they do. If the hearing is happening virtually, they should log on early ahead of their hearing time.
- If they don’t have legal representation, they should sign up for free legal advice from the Tenant Duty Counsel.
- Your client might be approached by their landlord about attending mediation. They can also sign up for the mediation services on their own and a mediator will ask their landlord if they are interested in mediation. Mediation is an opportunity to reach an agreement with their landlord to save their tenancy or to negotiate an end to the tenancy. If no agreement is reached, the eviction hearing will proceed as scheduled.
- Everything discussed in mediation is confidential.
- Your client is under no obligation to attend mediation.
During the Hearing:
The landlord will get to speak first. After that, your client will have the opportunity to tell their side of the story, present any evidence they have and ask questions of their landlord and/or the landlord’s legal representative.
Your client will have an opportunity to present evidence of life circumstances/factors they believe the adjudicator should consider. Examples include:
- The length of the tenancy
- If they recently lost their job
- If children live in the unit
- Their age
- If they have a disability
- If they are low-income
- Their connection to the community
- If conditions can be put in place to preserve the tenancy
Your client will also have the opportunity to present evidence which might offset the landlord’s position. Examples include:
- Pictures of any disrepair or things in their unit that need fixing
- Receipts
- Repair estimates
They might be asked questions by their landlord or the landlord’s legal representative. They might also be asked questions by the adjudicator. At the end of the hearing, your client will have an opportunity to summarize their position and propose a resolution to the issue (e.g., a repayment plan or agreeing to certain terms to save their tenancy)
You should not tell your client what to say or what to do at their eviction hearing. This would constitute legal advice, which can only be provided by a licensed legal service provider.
How You Can Help:
- Step 1: Help your client gather evidence to make sure they have the best opportunity to save their tenancy. You can help them by writing down what they say, gathering documents or helping them take pictures of their unit.
- Step 2: Ask about your client’s internet/phone access if the hearing will be virtual. Ideally, they should have a quiet place with a secure and reliable connection to avoid issues during their hearing.
- Depending where your client lives, they might be able to use one of the Landlord and Tenant Board’s Access Terminals at certain Hearing Centres in Ontario, if they don’t have access to a phone, computer or internet.
- Step 3: If possible, make a plan to attend and support the client on the day of their eviction hearing. If you are unable to do so, arrange for a support person to attend and support the client on the day of the hearing.
- When helping your client make a plan for the day, help them plan for things like a quiet and private place to attend, childcare, arrangements at work, transportation, etc.
- Step 4: Tell your client that they are under no legal obligation to speak with their landlord or their landlord’s legal representative outside of mediation or the hearing process.
- Step 5: On the day of the hearing, if your client is offered a “deal” or “agreement” from their landlord or the landlord’s legal representative, help them get legal advice from the Tenant Duty Counsel before they sign it.
