Can I bring up my landlord's failure to fix things during my eviction hearing?

Under Ontario law, you have the right to raise issues during an eviction hearing that could be the subject of your own application against the landlord [cite:ca-ontario-rta-2006-sec82]. This means you can bring up the landlord's failure to fix your heating system as a defense. However, the Board will only permit this if you meet specific requirements [cite:ca-ontario-rta-2006-sec82]. First, you must give the landlord advance notice of your intent to raise this issue [cite:ca-ontario-rta-2006-sec82]. This notice must be in writing and follow the specific timelines set out in the Board's Rules [cite:ca-ontario-rta-2006-sec82]. Second, you may be required to pay money before the hearing starts. The law states that "The tenant shall pay... Half of any rent arrears that were claimed in the application when it was filed" [cite:ca-ontario-rta-2006-sec82]. In your case, since the landlord is claiming $1,200 in unpaid rent, you would likely need to pay $600 to the landlord or the Board before the hearing to be allowed to speak about the repairs [cite:ca-ontario-rta-2006-sec82]. If you successfully raise the issue of the broken heat, the Board has significant power. They may refuse to grant the eviction if they find the landlord is in a "serious breach of the landlord’s responsibilities" [cite:ca-ontario-rta-2006-sec83]. Specifically, the Board "shall refuse to grant the application" if the landlord is in serious breach of maintenance standards [cite:ca-ontario-rta-2006-sec83]. The Board can also order the landlord to perform repairs or provide you with a rent abatement, which is a partial refund of rent due to the loss of services [cite:ca-ontario-rta-2006-sec30]. It is important to note that while you can raise these issues, the law does not guarantee that the Board will automatically cancel your debt or stop the eviction; it depends on how the Board weighs the landlord's failure to repair against your failure to pay rent.