Ontario’s Landlord and Tenant Board (LTB) claims progress following an ombudsman’s critical investigation in May, asserting improvements in its systems. However, tenant advocates argue that the board’s full transition to a digital platform is exacerbating delays, creating unequal access for some individuals.

In November 2020, the LTB announced a permanent shift to a digital-first approach, conducting hearings through video, phone, or written proceedings unless otherwise requested. The initiative aimed to modernize services, but the ombudsman’s subsequent investigation highlighted significant accessibility issues tied to the digital strategy.

Despite the investigation’s findings, the LTB continues its focus on remote operations, resulting in a growing backlog. Recent data from Tribunals Ontario, published in June, reveals an increase in case backlog from 34,731 in March 2021 to 53,057 in March 2023.

Tenant advocates, such as Douglas Kwan from the Advocacy Centre for Tenants Ontario, argue that the digital barrier hampers justice, creating an unequal playing field at the LTB. Kwan emphasizes the importance of equal representation under the law, which is hindered by the current remote service model.

While improvements have been noted, including the introduction of moderators to guide participants in virtual hearings, concerns persist. Closure of LTB regional centers and the absence of counter staff raise challenges for lower-income individuals without internet access.

Elysha Roeper, a staff lawyer at West Toronto Community Legal Services, acknowledges some improvements but highlights ongoing challenges, such as tech issues in Zoom rooms and difficulties representing multiple clients simultaneously.

The LTB asserts it has implemented measures to address the ombudsman’s recommendations, including hiring more adjudicators. It claims progress in reducing wait times for applications, with the goal of enhancing access to justice through its digital-first approach.

The Ministry of the Attorney General pledges additional investment to address staffing needs at the LTB. Despite these efforts, tenant advocates like Kwan and Roeper argue for a return to mainly in-person hearings, citing the importance of body language and the limitations faced by vulnerable individuals in the current digital landscape. The ongoing debate centers on finding a balance between a digital future and ensuring fair, accessible justice for all parties involved.