Tribunals Ontario: Can Property Managers Represent Landlords?

As property managers in Toronto, one question that often arises is whether property managers can represent their landlord clients in Ontario Landlord and Tenant Board (LTB) court hearings. The answer is typically no, though it is not a straightforward one and will depend on the specific circumstances of the case. 

The Residential Tenancy Act (2006) states that a corporate landlord may not be the owner of a property, as listed on the title. Instead, the landlord may be a corporation the owner has hired to manage the property on their behalf. That is, if they meet the definition of landlord in their scope and duties, per the RTA, and are identified as such on the lease or other important documents. This entitles property managers to act on behalf of the landlord when sending notices, executing leases, and otherwise managing the property, but for LTB court hearings, this rule can differ. 

In Ontario, individuals and businesses are allowed to represent themselves at LTB hearings without the need for a lawyer. Yet if a landlord wishes to have their property manager or property management company represent them, they must seek permission from the LTB. This is typically done by filing a request for a representative, along with supporting documentation that demonstrates why the landlord cannot attend the hearing themselves. 

In some cases, a property manager may be granted permission to represent the landlord at an LTB hearing. However, there are certain limitations to this. Specifically, the property manager cannot provide legal advice or represent the landlord in court if they are not licensed to practice law in Ontario. 

For example, the case of The Law Society of Upper Canada v. Chiarelli (2014) involves a property manager who was disallowed from representing their client. Despite not being licensed to practice law in Ontario, Chiarelli appeared on behalf of a landlord at an eviction hearing, maintaining that he was not providing legal services in a capacity outside his scope as a property manager. Nonetheless, the Court disagreed and emphasized that representing a client at the LTB is a form of legal representation and in fact, does require a license to practice law in Ontario. 

Furthermore, even if a property manager is granted permission to represent the landlord at an LTB hearing, it is important to keep in mind that they are not the actual owner of the property. Any decisions made by the LTB will ultimately affect the owner, not the property manager.

Overall, while property managers can sometimes represent clients at LTB hearings, their limitations must be recognized. In order to best service clients and ensure their success, it is essential that property managers stay informed and follow all regulations and laws surrounding residential property management in Ontario. In any case, it is always best to consult with a lawyer or legal professional if there are any concerns about the representation of a landlord in court.