Landlord Tenant Services:

Question: Should a landlord in Ontario file a dispute at the Landlord and Tenant Board or in court?

Answer: In Ontario, many residential landlord-tenant disputes must be started at the Landlord and Tenant Board, but some matters may belong in Small Claims Court or the Superior Court depending on the tenancy type, remedies sought, and jurisdiction rules under Residential Tenancies Act, 2006, S.O. 2006, c. 17.  Legacy Legal Services provides Legal Professionals services for Ontario landlords and property managers, including LTB form preparation, negotiation, and advocacy at LTB hearings to help choose the right forum and avoid delays or dismissals.

Legacy Legal Services provides legal services for residential landlord and tenant disputes involving Eviction For Use By Landlord, among other things, and other issues governed by the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17.  For landlords and tenants, the first strategic issue is often determining where the dispute belongs.  Many residential tenancy issues must be brought before the Landlord and Tenant Board, including matters involving rent arrears, eviction notices, tenant rights, maintenance concerns, interference with reasonable enjoyment, illegal rent increases, bad-faith notices, compensation claims, and disputes arising from the landlord-tenant relationship.

The choice of forum is not a mere technicality.  When the Residential Tenancies Act, 2006 applies, the Landlord and Tenant Board may have exclusive authority to decide the issue.  Filing in the wrong place can cause delay, dismissal, unnecessary legal expense, missed limitation periods, or the loss of an effective opportunity to restart the proceeding in the proper forum.  For this reason, early legal analysis is important before an application, claim, defence, motion, review request, or appeal step is started.

Some disputes involving housing are properly handled at the Landlord and Tenant Board, while others may belong in the Small Claims Court, the Superior Court of Justice, or another legal forum depending on the relationship between the parties, the type of property, the remedies sought, and whether the tenancy is residential or commercial.  For example, commercial lease disputes are generally outside the jurisdiction of the Landlord and Tenant Board and may require court proceedings under different legal principles.  Mixed issues, former-tenant claims, damage claims, unpaid rent, harassment allegations, repair concerns, and post-tenancy disputes can also require careful forum selection.

In the 2026 legal-services environment, many landlords and tenants begin by searching for fast answers online, but a search result cannot always determine jurisdiction, evidence requirements, procedural deadlines, or the best legal pathway.  Legacy Legal Services assists with identifying the proper forum, preparing the appropriate application or response, organizing evidence, addressing procedural defects, and advancing the matter with a practical strategy focused on the client’s legal position, timeline, and desired outcome.