How to Appeal an LTB Decision in Northwest Territories

If you have received a decision from the Residential Tenancy Office (RTO) in the Northwest Territories and disagree with it, you have options for appeal. This guide explains, in plain language, how tenants can challenge rental dispute outcomes, what forms are needed, and where to get support under the Northwest Territories' laws and procedures.

Understanding Tenant Appeals in Northwest Territories

Tenants and landlords can resolve disputes—such as rent arrears, eviction, or maintenance—through the Residential Tenancy Office (RTO) of the Northwest Territories. The RTO makes binding decisions under the Residential Tenancies Act.¹

If you're unhappy with the RTO's decision, you may be able to appeal to the Supreme Court of the Northwest Territories. Appeals are not a simple “retry” of your case—they focus on whether the RTO followed the law properly.

Who Can Appeal an RTO Decision?

• Tenants who believe a legal or procedural mistake was made
• Landlords affected by the decision

Common reasons include errors in applying the law, lack of fair process, or evidence being ignored.

How to Start an Appeal

To appeal an RTO decision, you must:

• Act quickly: Appeals must usually be filed within 14 days from when you receive the decision.
• File the correct paperwork with the Supreme Court of the Northwest Territories.

The process is formal and may include filing an "Originating Notice of Appeal." Many tenants consider seeking legal guidance, as court procedures are different from RTO hearings.

Key Appeal Form: Originating Notice of Appeal

• Form Name: Originating Notice of Appeal
• When to Use: To officially request the Supreme Court to review the RTO's order
• Where to Find: Supreme Court of the Northwest Territories: Appeal Forms
• How to Use: Complete with case details, grounds for appeal, and attach a copy of your RTO decision.

Example: If your eviction was ordered and you believe the RTO made a legal mistake, you can use this form to ask the Court to review whether the RTO followed the law.

What Grounds Do I Need for an Appeal?

Appeals must be based on legal, not just factual disagreements. For example:

• The RTO applied the Residential Tenancies Act incorrectly
• You weren’t given a fair opportunity to present your case

Appeal Procedure: Step-by-Step

• Read your RTO decision carefully and note the date received
• Decide your grounds for appeal (focus on law or procedure)
• Download or collect an Originating Notice of Appeal from the Supreme Court website
• Fill out the form completely and attach your RTO decision
• File the form and pay any filing fees (fee waivers may be available in some situations)
• Serve copies on all parties, including your landlord and the RTO, as required
• Wait for a court date

The Court will review written materials and may hold a hearing before making a decision.

What Happens After the Appeal?

The Supreme Court can:

• Uphold the original RTO decision
• Change some or all parts of the decision
• Send the case back to the RTO for a new hearing

If you need to stay in your rental while your appeal is pending, ask the Court for a "stay" of the RTO order. This is not automatic and you must request it.

Important Rights and Responsibilities for Tenants

Appealing doesn't automatically pause an eviction or other order. Follow all deadlines precisely. For more on your basic rights and obligations as a tenant, see Tenant Rights and Landlord Rights in Northwest Territories.

For common issues like payment disputes, repairs, or complaints, you may also find help in Common Issues Tenants Face and How to Resolve Them.

Prefer to find a new rental instead? Find rental homes across Canada on Houseme.

FAQ: Appeals and Tenant Disputes in NWT

1. How long do I have to appeal an RTO decision?
   Tenants must file an appeal to the Supreme Court of the Northwest Territories within 14 days of receiving the decision.
2. Can I stay in my rental while my appeal is in progress?
   Only if the Court grants a "stay" of the RTO's order—this is not automatic and you must formally ask for it.
3. Do I need a lawyer to file an appeal?
   No, but the process is formal and getting legal help is strongly recommended, as the Court uses stricter procedures than the RTO.
4. What happens if I miss the 14-day deadline?
   It is difficult to file late. Contact the Court right away to see if you have options, but late appeals may not be accepted.
5. Where can I get the Originating Notice of Appeal form?
   The form is available from the Supreme Court of the Northwest Territories website.

Key Takeaways for Tenants

• Appeals must be filed within 14 days and based on legal or procedural errors
• The Originating Notice of Appeal is the required form for Supreme Court appeals
• Consider seeking free legal aid or support—processes are formal and deadlines are tight

Need Help? Resources for Tenants

• Residential Tenancy Office (RTO), Government of NWT – For forms and contact info
• Residential Tenancies Act – Full text of the legislation
• Supreme Court of Northwest Territories: Forms – For appeal paperwork
• Legal Aid NWT: 1-844-835-8050 (toll-free) or NWT Legal Aid
• See Tenant Rights and Landlord Rights in Northwest Territories for key rules and protections

1. See: Residential Tenancies Act (Northwest Territories)
2. Government of Northwest Territories: Residential Tenancy Office
3. Supreme Court of Northwest Territories – Forms and Information