LTB Evidence Rules: How to Properly Submit and Organize Your Documents
The LTB has strict rules about evidence submission. Here's how to format, serve, and present your documents so they actually get considered.
Your evidence doesn’t automatically become part of the record just because you uploaded it. Here’s how to make sure your documents actually get considered at your LTB hearing.
The Key Rule
Uploading evidence ≠ Submitting evidence
The LTB Practice Direction is clear: “An item does not automatically become evidence once it has been given to the LTB or the other parties. It is up to the LTB Member hearing the application to decide whether to accept an item as evidence during the hearing.”
You have to bring it to the adjudicator’s attention during the hearing.
Deadlines
| What | When |
|---|---|
| Evidence to LTB + tenant | 7 days before hearing |
| L1/L9 Update Sheet | 5 days before hearing |
| Reply evidence | 5 days before hearing |
Miss the 7-day deadline? The adjudicator decides whether to allow it. They’ll consider why it was late and whether you could have provided it earlier.
How to Serve Evidence
To the LTB:
- Upload through the Tribunals Ontario Portal (TOP), OR
- Email to [email protected]
Email subject line format:
EVIDENCE - [FILE NUMBER] - [HEARING DATE]
To the Tenant:
You must serve the tenant directly. You cannot just upload to TOP unless both parties have signed the “Consent to Disclosure through Tribunals Ontario Portal” form.
Use proper service methods (mail, email if consented, personal delivery, etc.) and complete a Certificate of Service.
Formatting Requirements
The Practice Direction requires evidence to be:
- Readable — Clear, not blurry or cut off
- Consecutively numbered — Page 1, 2, 3… through the whole package
- Indexed — Include a table of contents if submitting multiple items
Good Example:
Table of Contents
1. Text message screenshots (Oct 1-15, 2024) — Pages 1-4
2. Photo of kitchen damage (Oct 3, 2024) — Page 5
3. Repair invoice from contractor — Pages 6-7
4. Email correspondence with tenant — Pages 8-12
What Makes Good Evidence
Strong evidence:
- Text messages with visible dates/times
- Emails (forwarded or screenshots with headers)
- Dated photos
- Invoices and receipts
- Contracts and agreements
- Videos (if relevant and accessible)
Keep it relevant. If your case is an L1 (rent arrears), all evidence should relate to non-payment. Don’t include unrelated complaints—an adjudicator may decline repetitive or irrelevant evidence.
For Rent Arrears Cases (L1/L9)
For straightforward rent arrears:
- The L1/L9 Update Sheet is often the main document the adjudicator wants
- Your verbal testimony carries significant weight
- You don’t need mountains of paper—focus on what’s relevant
Naming Your Files
When uploading to TOP, name files clearly:
Bad: IMG_4521.jpg
Good: kitchen-sink-damage-oct-3-2024.jpg
Bad: Document1.pdf
Good: text-messages-tenant-sept-2024.pdf
At the Hearing
- Have all evidence open and ready to reference
- Know where each document is in your package
- When relevant, say “I’d like to direct the Member’s attention to page X of my evidence”
- Be prepared to explain what each piece shows
Reply Evidence
If the tenant submits something unexpected (like a “Issues Tenant Intends to Raise” form), you can submit reply evidence 5 days before the hearing.
Reply evidence responds to:
- New allegations you didn’t anticipate
- Documents that require a response
- Issues raised in their evidence
What NOT to Submit
- Mediation discussions — Confidential, adjudicator can’t consider them
- Irrelevant material — Stick to issues in your application
- Duplicate copies — One clear copy is enough
- Illegible documents — If you can’t read it, neither can they
Read the full LTB Practice Direction on Evidence. For complex cases, consult a licensed paralegal or lawyer.