An Ontario Landlord and Tenant Board (LTB) summons is an order signed by an LTB Member requiring a person to attend your hearing as a witness and, if listed, to bring documents. Two forms are involved. Every party files the Request for the Board to Issue a Summons. Lawyers and paralegals must also prepare and attach the Summons itself. Landlords use summonses for police officers, neighbours, contractors, municipal inspectors or former staff whose evidence matters and who will not come voluntarily.
At a glance
| Who uses it | Any party. Licensed representatives must also complete the Summons form |
| When | As soon as you know a summons is needed (Rule 7.5) |
| Deadline | No fixed number of days. The summons must be signed, served personally and the witness paid before the hearing |
| How it is filed | Tribunals Ontario Portal. Mandatory for lawyers and paralegals |
| Fee | No fee for the request. You pay the witness's attendance money |
| Follow-on form | Affidavit of service if the witness does not attend |
What the summons is for
Section 12 of the Statutory Powers Procedure Act (SPPA) lets a tribunal summons any person, including a party, to give evidence and to produce documents and things "relevant to the subject-matter of the proceeding and admissible at a hearing". LTB Rule 7.5 says a party asks for one by filing the Request form. Where a party has a lawyer or paralegal, the representative must prepare and submit the summons with the request. Under Rule 7.6, serving the summons and paying attendance money under Tariff A of the Rules of Civil Procedure are the requesting party's responsibility.
A Member will only issue the summons if the witness's evidence or documents are relevant and necessary to decide the application (Requesting a Summons brochure).
When to use it (and when not to)
Use it when a witness is unwilling to attend, needs an official document to get time off work, or holds records you need at the hearing (for example a contractor's invoices).
You do not need one for a witness who has agreed to come and will attend (brochure).
Deadlines
- Request as soon as you become aware a summons is needed (Rule 7.5).
- Serve it as soon as possible once signed, so the witness can arrange to attend (brochure).
How to fill out the Request, section by section
- Requester's Information. Tick Landlord, Co-op, Tenant, Co-op Member or Other. Give your name, mailing address and phone numbers.
- Unit, Building or Complex Covered by this Application. Use the full address.
- Information about the Hearing. The date, time and location of each scheduled hearing date.
- Part 1: Witness to be Summoned. The witness's name, mailing address and phone numbers. Then give a general description of the evidence the witness will give and why it is relevant and necessary. This is the test the Member applies, so be specific about the issue in the application it proves.
- Part 2: Documents Witness Must Bring. For each document, give its name and the reason it is needed. Describe each item precisely so the witness can find it.
- Signature. Tick Requester, Representative or Other. Give your name, phone and LSO number if a licensee, then sign and date.
- How the LTB should give you the signed summons. Pick up, mail, or email. The LTB will not serve it for you.
The Summons form (lawyers and paralegals)
Complete the file number, the witness's name and address, the hearing date, time and location, the rental address, the parties, the documents and things to bring, and your details under "issued at the request of" (including LSO number). Leave the Member's signature and "Dated at" lines for the LTB.
Heads-up: the current Summons form still cites "Rules of Procedure 7.4 and 7.5" and "LSUC #". In the Rules updated September 21, 2026, the summons provisions are Rules 7.5 and 7.6.
Filing it, serving it and paying the witness
- File through the Tribunals Ontario Portal. Since January 1, 2025, lawyers and paralegals must submit summonses through the Portal.
- Serve personally. SPPA s. 12(3), the Summons form and the brochure all require the summons to be handed directly to the witness. It cannot be mailed, faxed or left with someone else. Anyone can deliver it, but they may need to prove they did.
- Pay attendance money (Tariff A, reproduced in Rules Appendix A):
- $50 for each day of necessary attendance;
- travel of $3.00 a day if the hearing is in the witness's city or town;
- 24¢ a kilometre each way within 300 km;
- return airfare plus 24¢ a kilometre to and from airports beyond 300 km;
- $75 a night for overnight accommodation and meals where needed.
Mistakes that get a summons refused or make it unenforceable
- No explanation of relevance and necessity. "The witness knows about the tenant" will not do. Tie the evidence to an issue in the application.
- A licensee filing the request without a completed Summons, or filing outside the Portal. Rule 7.5 and the Practice Direction both require it.
- Serving by mail, email or through a family member. Personal service is mandatory. A witness who was not personally served cannot be compelled.
- Not paying the Tariff A attendance money. The summons form states that a witness who fails to attend without lawful excuse can be dealt with by the Superior Court of Justice once they have been properly served and paid.
- Vague document lists. If the witness cannot identify what to bring, you will not get it.
- Requesting it the week before the hearing. The Member must review it, and you still need time to serve.
What happens next
If the witness does not appear, you can carry on without them or ask for an adjournment (brochure). Prove personal service with an affidavit from the person who served, sworn before a commissioner, with a copy of the summons attached. Under SPPA s. 12(4), a Superior Court judge may issue a warrant for a person who was served and failed to attend where their evidence is material.
Frequently asked questions
Does it cost anything to ask the LTB for a summons?
No. The brochure says there is no fee for the request. You must pay the witness's Tariff A attendance money and travel.
Will the LTB serve the summons on my witness?
No. The request form says the LTB will not serve it. It must be handed directly to the witness.
Can I summons the tenant?
SPPA s. 12(1) allows a summons to "any person, including a party", subject to the relevant-and-necessary test.
How much do I pay a summoned witness?
$50 per day of attendance, plus travel and any overnight allowance under Tariff A. The amounts are in Appendix A to the LTB Rules.