Do I Need a Lawyer or Paralegal for the LTB?
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The Landlord and Tenant Board (LTB) is designed to be an accessible forum where landlords and tenants can resolve disputes without necessarily needing legal counsel. However, just because you can represent yourself does not always mean you should.
Deciding whether to hire a lawyer or paralegal involves a calculation of risk, complexity, and cost. In this article, we break down the factors you should consider before stepping into a virtual hearing room alone.
What it Costs To Hire a Lawyer or Paralegal for an LTB Case
The first step in deciding whether to hire a lawyer or paralegal, is to estimate how much you would spend, and how much money you could get.
A lawyer’s hourly rate is usually several hundred dollars, whereas paralegals can be much lower, potentially less than $100/hour. However, many practices in Ontario also offer flat-fee packages for certain legal matters. In most cases though, legal representation for a hearing will cost between $1,000-$3,000 before tax. However, if a case drags on or is subject to adjournments, it could be far more than that.
Knowing this, the next question to ask yourself is how much is this case worth? Keep in mind that:
The LTB is highly conservative – its monetary jurisdiction is limited to $50,000, and it rarely gives awards even approaching that. Most outcomes involve practical orders like repairs, modest rent abatements, and out-of-pocket cost.
Legal costs are rarely recovered - even if you win, the LTB does not routinely order the other side to pay your full legal fees. And in the exceedingly rare cases where it does order legal costs, LTB cost awards are limited to a maximum of $700 per hearing.
If your dispute involves a couple hundred dollars, for example, a disagreement over a $300 key deposit or a one-time $400 repair, hiring a lawyer or paralegal generally does not make sense. You will likely pay far more in legal fees than you could realistically hope to recover.
Ultimately, if the expected monetary benefit is less than what representation will cost, self-representation probably makes more sense.
When Should I Hire a Lawyer or Paralegal?
While the LTB is meant to be user-friendly, it is also absurdly strict about technical rules; one small mistake - even an obvious typo – can turn a simple matter into a Kafkaesque, years-long affair costing tens of thousands of dollars.
Accordingly, there are certain scenarios where the complexity or the stakes of the matter make legal representation a necessary investment, such as:
High-Stakes Evictions: If eviction is on the line and you can’t tolerate the risk of losing possession, or the risk of a tenant remaining in possession indefinitely.
High Value Claims: If the amount at stake is large - for example, if a tenant owes $50,000 in arrears - it makes sense to pay what you need to pay to optimize the likelihood of victory.
Complex Maintenance or Harassment Claims: T2 and T6 applications have high evidentiary requirements. We have seen many tenants botch their applications and/or botch their evidence, then find themselves in a situation where their claims are time-barred and they're out of legal remedy options. To avoid this outcome, you may need someone who knows how to cross-examine witnesses and present evidence professionally.
Reviews of an LTB Order: If you've already lost a case at the LTB and you're determined to overturn the order, it makes sense to hire legal counsel to help you. Because reviews are a technical process distinct from a regular hearing, and if you lose on review, your last option is to appeal to Divisional Court - which is going to be much more difficult and expensive.
Conclusion
If your matter is a simple dispute over a small sum, we will be the first to tell you that you’re better off handling it yourself. We pride ourselves on honest assessments.
However, if you find yourself in one of the situations we outlined as a good candidate for seeking legal assistance, check out our paralegal referrals page here, or if you're looking for help with a review or appeal, you can book a consultation with us using the button below.