Landlord and tenant board's 'digital-first' approach fueling continued case backlog, say advocates

Ontario's Landlord and Tenant Board says it's made improvements to its systems since the province's ombudsman published a scathing investigation on dysfunction at the board in May.

Ontario's Landlord and Tenant Board says it's made improvements to its systems since the province's ombudsman published a scathing investigation on dysfunction at the board in May.

And while some tenants' advocates say they've noticed progress since the spring investigation, they point to the organization's permanent switch to a digital system as a core reason for continued delays and are concerned the move is causing unequal access for some.

In November 2020, the LTB announced it would make its digital-first initiative permanent, meaning hearings would be fully remote and that all matters would be conducted by video, phone, or as written proceedings unless otherwise requested.

The strategy is meant to "innovate and modernize" services, said Sean Weir, the executive chair at Tribunals Ontario in a September 2020 news release. The ombudsman's investigation later pointed out significant issues related to the digital-first strategy, including accessibility concerns.

But three years after the move, the LTB is still focused on remote operations. The most recent data from Tribunals Ontario, published in their annual report at the end of June this year, showed an increase in case backlog from 34,731 in March 31, 2021 to 53,057 in March 31, 2023.

Douglas Kwan, the director of advocacy and legal services at the Advocacy Centre for Tenants Ontario, says the remote strategy is impeding justice for many who require the tribunal.

"Parties have to appear equal in the eyes of the law, and that's just not happening at the Landlord and Tenant Board because of the digital barrier that this remote service model has introduced," he said.