If you are a tenant in Newfoundland and Labrador who lost at the Residential Tenancies Board and want to appeal to the Court of Appeal, this guide explains what to expect in plain language. It covers key deadlines, the forms you may need, how to get transcripts and evidence ready, and practical steps to increase your chance of getting a hearing. Appeals can be technical, but you do not need to be a lawyer to follow the procedural steps below. Wherever possible, keep copies of decisions, notices, rent records and repair requests to support your case and talk to a duty counsel clinic or legal aid if you need help.
Before you appeal
Start by confirming whether the decision you lost was issued by the Residential Tenancies Board (or the equivalent tribunal in your matter) and whether the Court of Appeal hears your type of case. In many situations you must first obtain permission (leave) to appeal or meet a strict deadline to file a Notice of Appeal. Check the tribunal decision for any appeal directions and the Court of Appeal rules for filing deadlines and fee schedules.[1]
What forms and documents you will likely need
Common items you should prepare and file include the following. Exact names and numbers vary by court and year, so use the official court and tribunal websites to download current forms and instructions.
- Notice of Appeal (file with the Court of Appeal to start your appeal; this tells the court and other parties you are appealing).
- Application for Leave to Appeal (if a leave application is required to proceed to a full appeal).
- Certified transcript request (order the transcript of the tribunal hearing if the court requires a verbatim record of evidence).
- Bundle of evidence (decision, exhibits, photos, rent receipts and written requests for repairs organized and paginated).
- Filing fee payment (check current fee amounts and fee-exemptions or waiver procedures if you cannot pay).
Where possible, request the tribunal transcript quickly: transcription can take weeks and often affects filing deadlines. If you cannot afford a transcript, note that some appeals proceed on written records and the court can sometimes allow alternative arrangements.[2]
How to prepare a strong appeal record
Focus on clear organization and on the legal error you believe the tribunal made. Courts do not re-weigh evidence; they look for errors in law, jurisdiction, or significant unfair procedure. Organize your bundle so the judge can find the tribunal decision, the relevant lease clauses, any photos or repair requests, and the transcript pages you rely on.
Practical steps for filing and serving documents
- Check the Court of Appeal rules for the deadline to file a Notice of Appeal and any leave application requirements.
- Complete and file the Notice of Appeal and any leave application with the court registry according to the rules.
- Serve copies on the other parties and the tribunal by the method the court requires (personal service, email where allowed, or registered mail).
- Prepare your factum (legal argument document) and an indexed evidence bundle in the required format; follow page limits and formatting rules.
FAQ
- Can I appeal a Residential Tenancies Board decision to the Court of Appeal?
- Yes, in many cases you can, but some matters require leave (permission) and strict filing deadlines apply. Check the tribunal decision and court rules to confirm your options.
- How long do I have to file an appeal?
- Deadlines vary by case type and court rules; typical timelines are short (often 30 days or less) from the date of the tribunal’s decision or from the filing of a transcript. Confirm the exact deadline on the court website immediately.
- Do I need a lawyer to appeal?
- You are allowed to represent yourself, but appeals are technical. Consider duty counsel, legal aid, or a private lawyer for complex matters or leave applications.
How-To
- Confirm whether you need leave to appeal and note the exact filing deadline.
- Order and obtain a certified transcript of the tribunal hearing if required.
- File a Notice of Appeal and any leave application with the Court of Appeal registry following their form instructions.
- Serve the Notice and all required documents on the other parties and file proof of service with the court.
- Prepare and file your factum and an indexed appeal book or evidence bundle, following formatting and page limits.
- Attend the appeal hearing or make arrangements for an oral or written hearing as the court schedules.
Key Takeaways
- Act quickly: appeal deadlines are strict and can be short.
- Organize a clear evidence bundle with transcripts and documents.
- Seek legal advice from duty counsel, legal aid, or community clinics when possible.
Help and Support / Resources
- Residential Tenancies - Government of Newfoundland and Labrador
- Newfoundland and Labrador Legislature (legislation and acts)
- Court of Appeal of Newfoundland and Labrador
