Exposing a landlord’s deception in a Zoom hearing requires sharp legal strategy. This case reveals how skilled advocacy uncovered the truth, protected tenant rights, and highlighted the risks of virtual proceedings.
The Power of Advocacy: Winning Legal Battles with Strategy and Dedication
At Dostal Law, we understand that legal battles aren’t just won on the strength of the law—they’re won through dedicated advocacy and sharp legal strategy.
The Importance of Sharp Advocacy in a Virtual Legal World
In a recent case before the Landlord and Tenant Board (LTB), our team’s skillful representation exposed a landlord’s attempt to manipulate the process, ultimately protecting our client, the tenant, from an unjust eviction. This case highlights the critical role of our firm’s advocacy, the challenges of virtual hearings, and the broader implications for legal practice, including criminal law.
What Was at Stake?
At the heart of this case was not only our client, the tenant’s right to his home, but also the integrity of the legal process. In the months before the hearing, the Tenant had refused the Landlord's request that he and his disabled son move from their home for many years so the Landlord could sell the home with vacant possession. The Landlord thereafter served our client with an N12 notice, which was a notice of the Landlord's intention to end the tenancy on the basis that the Landlord required the unit as his primary residence for at least one year.
After speaking with our client, we were convinced the N12 was a retaliatory measure after our client refused to cooperate in the sale of the unit and because our client was paying well below market rent. If an N12 notice is not made in good faith, the Landlord and Tenant Board will dismiss the Landlord's Application, and the tenancy will continue.
We attended the hearing where we were prepared to make the Landlords prove that they indeed required the unit. At the hearing, the Landlord claimed that he required the unit for personal use due to an impending divorce from his wife of many decades. His wife was not available to be cross-examined despite being listed as a landlord on the application.
Through what the tribunal referred to in its decision as “aggressive cross-examination,” we uncovered that the Landlord’s claim was nothing more than a bad-faith attempt to evict our client and his family—likely as retaliation for his refusal to cooperate when the landlord previously attempted to sell the property.
Had this deception gone unnoticed, it would have sent a dangerous message: Landlords can fabricate claims to remove tenants without consequence. Instead, our team’s keen eye for misrepresentation ensured that justice prevailed.
Revealing the Deception: The Power of Cross-Examination
One of the most crucial moments in the hearing came when we observed the landlord repeatedly looking down while answering questions. Unlike an in-person courtroom, where a witness can be directly observed, Zoom hearings can allow what’s off-camera to remain hidden—a weakness that can be exploited.
Recognizing this, we challenged the Landlord to disclose what he was looking at. When pressed, the landlord was forced to admit that he had a pre-written document with answers in front of him—a blatant attempt to stage-manage his testimony. This revelation shattered the landlord’s credibility and underscored a vital truth: a witness who cannot answer simple questions without notes is likely misrepresenting the facts.
Through further questioning, we exposed multiple inconsistencies in the landlord’s testimony, such as:
- His inability to recall where he currently lived, despite claiming to need the rental unit for personal occupancy.
- Contradictions in his reasoning for eviction, as he previously attempted to sell the property.
- Failure to provide supporting documentation, such as divorce papers, which he claimed necessitated the move.
These inconsistencies left the tribunal with no choice but to rule in favour of the tenant, reinforcing the necessity of strong legal representation in legal cases, no matter the venue. The landlord’s fraudulent efforts would have likely gone unchecked were it not for an experienced advocate recognizing signs of injustice as it unfolded during the hearing.
The Limits of Virtual Hearings: Why Advocacy Matters More Than Ever
This case also raises serious concerns about the limitations of virtual legal proceedings. While Zoom hearings and proceedings have provided efficiency and convenience to courts and tribunals, they introduce risks that can compromise the integrity of testimony, including:
- The ability for witnesses to use undisclosed notes, as seen in this case.
- Potential off-screen coaching could impact the witness’s credibility.
- Lack of full-body observation makes it difficult to assess non-verbal cues like nervous movements or deceptive behaviour.
These risks are not exclusive to landlord tenant disputes, as all levels of court and tribunals have adopted virtual hearings in one way or another since the 2020 pandemic. In our view, the risks outlined above are most pronounced whenever a witness testifies remotely. Unlike in criminal trials, where strict precautions are taken—such as having witnesses testify from a controlled setting or with the support of professional assistance—virtual hearings in other courts or tribunals often lack such formality. This absence of structure can significantly increase the likelihood that these risks will impact the hearing.
That’s why our firm’s skilled advocates are essential. Our quick thinking and sharp cross-examination forced the issue into the open, ensuring the tribunal saw the truth and securing an excellent result for our client.
Broader Legal Implications: Protecting Clients Across All Areas of Law
While this case focused on an unlawful eviction, the lessons apply far beyond the LTB. Whether in civil litigation, family law, or criminal defence, cross-examination remains the most powerful tool in exposing dishonesty. Without a strong advocate scrutinizing every statement, deception can easily slip through the cracks—especially in virtual settings.
We believe the legal profession must continue to be diligent to ensure the integrity of the legal process is not exchanged for convenience and efficiency. An experienced advocate can help you understand how the mode of hearing could be a benefit or a detriment to you with your legal matter and the options that may be available to you.
How We Fight for the Truth
At our firm, we don’t just accept testimony at face value—we dig deeper. Whether it’s a landlord trying to push a tenant out or a witness misrepresenting facts in a criminal case, we have an eye for deception and the advocacy skills to expose it.
If you’re facing an eviction, a criminal charge, or any case where the credibility of the opposition is key, don’t leave your future to chance. Contact our firm today and let us fight for your rights.
Final Thoughts: A Case That Sets a Precedent
Thanks to our team’s relentless advocacy, our client and his son kept their home, and a dangerous precedent was avoided. This case is a reminder that the truth doesn’t always reveal itself—it takes skilled legal representation to uncover it.