A summons from the Ontario Landlord and Tenant Board (LTB) is an order, signed by a Member, that compels someone to come to your hearing as a witness and, where it says so, to bring documents with them. The process uses two forms. Whoever wants the witness files a Request for the Board to Issue a Summons; a party represented by a lawyer or paralegal must also have the representative draft and attach the Summons itself. For landlords, the usual targets are people with important evidence who will not come voluntarily, such as a former employee, a contractor, a neighbour, a municipal inspector or a police officer.
At a glance
| Who can ask | Any party; licensed representatives also complete the Summons form |
| Timing | Promptly, once you realize you need one (Rule 7.5) |
| Hard deadline | None in days, but the summons has to be signed, personally served and the witness paid before the hearing |
| Filing route | Tribunals Ontario Portal, which lawyers and paralegals are required to use |
| Cost | The request is free; the witness's attendance money is on you |
| If the witness fails to appear | An affidavit proving service |
The legal basis
The Statutory Powers Procedure Act (SPPA), in s. 12, lets a tribunal summon any person, a party included, to testify and to produce documents and things "relevant to the subject-matter of the proceeding and admissible at a hearing". At the LTB, Rule 7.5 makes the Request form the way to ask, and a party's lawyer or paralegal, if there is one, prepares the summons and submits it along with the request. Rule 7.6 then makes the requesting party responsible for service and for the witness's attendance money, calculated under Tariff A of the Rules of Civil Procedure.
According to the Requesting a Summons brochure, the Member will sign only when the evidence or documents sought are relevant and necessary for deciding the application.
Whether you need one
A summons is worth seeking when the witness is reluctant, when they need something official to get time away from work, or when they hold records you need in front of the Member, such as a contractor's invoices.
The brochure points out that a witness who has agreed to attend and will do so does not need one.
Timing
- Rule 7.5 asks you to request the summons as soon as you know it is needed.
- The brochure says to serve it as soon as possible after it is signed, so the witness has time to arrange to come.
Completing the Request
- Requester's Information. Mark which you are (landlord, tenant, co-op, co-op member or other) and add your name, phone numbers and mailing address.
- Rental address. Give the complete address of the unit, building or complex.
- Information about the Hearing. List the date, time and place for every scheduled hearing date.
- Part 1: Witness to be Summoned. After the witness's contact details, the form asks for a general description of the expected evidence and why it is relevant and necessary. The Member decides on exactly that basis, so connect the evidence to a specific issue in your application. "The neighbour saw the damage occur on a stated date" is useful; "the neighbour knows the tenant" is not.
- Part 2: Documents Witness Must Bring. Name each document and say why it is needed. Precise descriptions help the witness locate the right records.
- Signature. Indicate your role, add your name, phone number and any LSO number, then sign and date.
- Delivery of the signed summons. Pick mail, email or pickup. Serving it remains your job; the LTB will not do that.
The Summons form for licensees
Lawyers and paralegals complete every field except the Member's: the file number, the parties, the rental address, the hearing details, the witness's name and address, what the witness must bring, and their own information (LSO number included) under "issued at the request of". The Member's signature and the "Dated at" line are left for the LTB.
One quirk to note: the current Summons form still cites outdated rule numbers (7.4 and 7.5) and an "LSUC #" field. Since the September 21, 2026 update, the relevant provisions are Rules 7.5 and 7.6.
Filing, serving and paying
Filing
The Portal is the filing route. Lawyers and paralegals have been required to send summonses through the Portal since January 1, 2025.
Service
Three sources (the brochure, the Summons form and SPPA s. 12(3)) insist on delivery in person to the witness. Mail, fax and leaving it with someone else do not count. The person delivering it can be anyone, though they may later have to prove they did it.
Attendance money
Tariff A, set out in Appendix A to the Rules, provides:
| Item | Amount |
|---|---|
| Each day of necessary attendance | $50 |
| Travel, where the hearing is in the witness's own city or town | $3.00 per day |
| Travel within 300 km | 24¢ per kilometre each way |
| Travel beyond 300 km | Return airfare, plus 24¢ per kilometre to and from the airports |
| Overnight accommodation and meals, where required | $75 per night |
Example: a witness driving 120 km each way for one day is owed $50 plus 240 km × 24¢ ($57.60), for $107.60.
Errors that lead to refusal or an unenforceable summons
- Failing to explain relevance and necessity. General familiarity with the tenant is not a reason; link the evidence to an issue the application raises.
- A licensee who files without an attached Summons, or files somewhere other than the Portal. Both Rule 7.5 and the Practice Direction require it.
- Service by mail, by email or through a relative. Only personal service works; without it, the witness is under no compulsion to attend.
- Unpaid Tariff A money. The Summons form explains that the Superior Court of Justice can act against a no-show witness lacking a lawful excuse only once the witness has been properly served and paid.
- A fuzzy list of documents. If the witness cannot tell what to bring, it will not arrive.
- Leaving the request to the last week. Allow time for the Member's review and then for service.
If the witness does not come
The brochure says you can either proceed without the witness or ask for an adjournment. To prove personal service, use an affidavit from the person who served the summons, with the summons attached as an exhibit and the affidavit sworn before a commissioner. Where a properly served witness's evidence is material and they did not attend, SPPA s. 12(4) lets a Superior Court judge issue a warrant for them.
Frequently asked questions
Is there a fee to request an LTB summons?
No; the brochure confirms the request is free. Your cost is the witness's attendance money and travel under Tariff A.
Does the LTB deliver the summons to the witness?
No. According to the request form, service is not something the LTB does, so you must arrange to have it handed directly to the witness.
Can the tenant be summoned?
Yes. Section 12(1) of the SPPA extends to "any person, including a party", provided the relevant-and-necessary test is met.
What does a summoned witness get paid?
$50 for each day of attendance, plus travel and, if needed, an overnight allowance under Tariff A. Appendix A to the LTB Rules sets out the figures.