Can Anything Be Done to Stop Misuse of Landlord and Tenant Board Processes?
Yes. When a party repeatedly files applications that lack merit or are intended to harass the other side, the Landlord and Tenant Board (LTB) has the authority to intervene.
In serious cases, the offending party may be declared a vexatious litigant, which can significantly restrict their ability to bring future applications. If you are facing repeated or abusive filings, Babbar Legal can help you take steps to address and stop that conduct.
What Is Misuse of Process?
Misuse of the LTB process occurs when applications are brought not for legitimate legal purposes, but instead to:
- Harass or pressure the opposing party
- Re-litigate issues that have already been decided
- Burden the other party with unnecessary legal proceedings
While the system is designed to be accessible, it is not intended to be used as a tool for ongoing conflict or harassment.
The Board’s Authority to Address Abuse
The Landlord and Tenant Board has the power to control its own processes and prevent abuse.
Under the Social Justice Tribunals Ontario Common Rules, the Board may:
- Dismiss proceedings that are abusive or lack merit
- Make orders to prevent misuse of its procedures
- Declare a party to be a vexatious litigant
This authority allows the Board to step in when a pattern of improper conduct becomes clear.
What Is a Vexatious Litigant?
A vexatious litigant is someone who repeatedly initiates proceedings in a way that is abusive, excessive, or lacking genuine purpose.
In D.M. v. P.M. (2016 CanLII 69271), the Board reviewed a series of applications brought by a tenant and found that, taken together, they demonstrated a pattern of misuse. Some claims lacked merit, others repeated previously decided issues, and overall the conduct was found to be harassing.
As a result, the Board declared the tenant a vexatious litigant.
What Happens After Such a Declaration?
Once a person is declared a vexatious litigant, they do not lose all rights to bring applications—but they face important restrictions.
Typically:
- They must obtain permission from the Board before starting any new proceeding
- They may be required to explain the merits of their claim in advance
- The Board may refuse permission if the application appears to be abusive
This creates a significant barrier to further misuse and helps protect the opposing party from ongoing harassment.
When Should This Be Considered?
Not every unsuccessful or frequent application will meet the threshold for a vexatious litigant finding. The Board looks at the overall pattern of behaviour, including:
- The number and frequency of applications
- Whether claims lack merit or are repeatedly withdrawn
- Attempts to re-argue decided issues
- Findings regarding credibility or improper conduct
It is the cumulative effect of these factors that may justify intervention.
Practical Considerations
If you are dealing with repeated or harassing applications, it is important to:
- Keep records of all proceedings and outcomes
- Identify patterns of repetitive or meritless claims
- Raise concerns about abuse of process at hearings
These steps can help build the foundation for seeking restrictions against the other party.
Final Thoughts
The Landlord and Tenant Board process is intended to resolve legitimate disputes—not to be used as a tool for harassment.
Where a party repeatedly misuses the system, the Board has the authority to impose limits, including declaring that person a vexatious litigant and requiring permission for future filings.
If you are facing ongoing misuse of the LTB process, Babbar Legal can help you assess your options and take appropriate steps to protect yourself and bring the situation under control.