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RTA - LTB - Control of Process. Monterozza v. Matthews
In Monterozza v. Matthews (Ont Divisional Ct, 2025) the Divisional Court considered the LTB's 'control of process' authority:[35] The LTB is entitled to control its own process, and its procedural choices are entitled to deference. In Wei v. Liu, 2022 ONSC 3887, [2022] O.J. No. 3080 (Div. Ct.), at para. 9, this Court stated:The LTB has exclusive jurisdiction to hear and determine all applications under the Residential Tenancies Act. Tribunals with authority to control their own process are owed considerable deference on procedural decisions. This is because administrative tribunals, including the LTB, have experience and expertise balancing the need to ensure fair participation by all parties with the need to ensure that the issues are dealt with in a timely and efficient way. . Walters v. Centurion Property Associate Inc.
In Walters v. Centurion Property Associate Inc. (Ont Divisional Ct, 2024) the Ontario Court of Appeal considers the LTB's control of process jurisdiction, particularly as it relates to case management hearings and expeditious procedures:[26] The LTB has the authority to control its own process in accordance with s. 25.0.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 ("SPPA") and its Rules. The RTA permits the LTB to conduct inquiries it considers necessary before, during, or after a hearing and to question any person concerning the dispute. The RTA does not restrict the LTB's ability to control its process, other than to direct that the LTB adopt the most expeditious procedures that allow for a fair process: s.183.
[27] The LTB's authority to control its own process includes the ability of its members to ensure that its hearings, in accordance with s. 183 of the RTA proceed as expeditiously as possible without compromising fairness. This includes a member's ability to interrupt a party, provide direction to ensure that the hearing is conducted in an efficient manner, define, and narrow the issues to be decided, limit the evidence and submissions on any issue where there has been full disclosure, and question parties to focus the issues and the related evidence on relevant matters: See the SPPA and the RTA.
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