If you are a tenant or renter in Nunavut and disagree with a decision from the Rental Office, you may be able to ask the Nunavut Court of Justice to review it. An appeal is not a new rental application or an opportunity to repeat every disagreement; it usually focuses on whether the decision involved a legal error or an unfair process. This guide explains how to check your appeal rights, protect the deadline, gather records, complete the correct court paperwork, and notify the other party. It also identifies official Nunavut resources for residential tenancy disputes, including rent, repairs, eviction, and deposit concerns. Understanding the process early can help you avoid losing an appeal because of a missed step.
Understand the decision and your appeal rights
Read the written Rental Office decision carefully as soon as you receive it. Identify the date it was issued, the parties named, the orders made, and any instructions about appealing. Under Nunavut's Residential Tenancies Act, an appeal to court may be limited to a question of law or another ground allowed by the legislation. The court may not conduct a completely new hearing simply because you would prefer a different result.[1]
For background on the territory's broader rules, see Tenant Rights and Landlord Rights in Nunavut. If your disagreement concerns duties such as repairs, notice, rent, or access, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained before deciding what issue belongs in an appeal.
- Write down the exact part of the decision you say is legally wrong.
- Check the decision for the appeal deadline, filing instructions, and required notice.
- Consider whether the issue belongs in an appeal or requires a separate court or tenancy application.
Protect the appeal deadline
Do not assume that speaking with the Rental Office, the landlord, or the other tenant stops the appeal clock. The applicable legislation and the decision control the deadline, and a court may reject a late appeal. Contact the Nunavut Court of Justice registry promptly to confirm the current time limit, filing location, fee, service requirements, and whether permission is needed for a late filing.
Keep the envelope, email, or electronic record showing when the decision was delivered. If you received the decision late, explain that fact in writing and keep proof. Ask the registry about any available request for an extension, but do not wait for an answer before preparing the appeal materials.
Prepare the documents and evidence
A clear appeal package helps the judge understand what happened without searching through unrelated material. Gather the Rental Office decision, the original application or notice, the other party's response, hearing notices, written submissions, exhibits, and any order that affects rent, possession, repairs, or a deposit. Organize documents by date and mark the pages you rely on.
- Keep copies of the decision, lease, notices, messages, receipts, photographs, inspection records, and hearing materials.
- Prepare a short written explanation identifying the legal question, the decision section involved, and the result you want.
- Record every deadline, filing date, service date, and court appointment on a calendar.
- Arrange an interpreter, accessibility support, or legal assistance early if you need help participating.
File the appeal with the Nunavut Court of Justice
The Nunavut Court of Justice handles court proceedings in the territory. Ask the court registry for the current appeal procedure and filing package. The required document is commonly described as a Notice of Appeal, but the registry should confirm the current form name, form number if one exists, filing fee, number of copies, and whether filing can be completed by email, mail, or in person.
Complete the form accurately. Include the Rental Office file number, decision date, names and contact information of all parties, the legal error or appeal ground, and the order you are asking the court to make. Attach the decision and any documents the rules require. Do not add new evidence simply because it was not presented earlier unless the court's procedure permits it and you explain why it matters.
- Request the current Notice of Appeal or other required appeal form from the Nunavut Court of Justice registry or its official court forms page.
- Attach the decision and organize supporting records so each document can be identified easily.
- Pay any required filing fee or ask the registry whether a fee waiver or other accommodation is available.
- File before the statutory deadline and keep the stamped copy, receipt, or electronic confirmation.
Serve the other party and attend court
After filing, follow the court's instructions for serving the landlord, tenant, Rental Office, or any other required party. Service means delivering the filed documents in the legally accepted way. Keep proof of service, such as an affidavit, acknowledgment, courier record, or other document accepted by the court. A failure to serve correctly can delay or jeopardize the appeal.
At the hearing, explain the legal issue in a logical order: what the Rental Office decided, what rule or legal principle was allegedly misapplied, how the error affected the result, and what remedy you seek. Bring your organized materials and arrive or connect early. The court may uphold, change, set aside, or return a decision for reconsideration, depending on the legislation and the circumstances.
Get help with a tenancy appeal
Appeals can involve technical court rules and strict deadlines. Nunavut Legal Services Board may be able to explain eligibility for legal aid or direct you to appropriate assistance. The Rental Office can provide information about its process, but it cannot act as your advocate in court. You can also contact the court registry for procedural information, while remembering that registry staff cannot give legal advice.
If the decision ends your tenancy and you need another home, you can Find rental homes across Canada on Houseme while you address the legal process. Keep paying rent when required and follow any existing order unless a court or the Rental Office has changed it.
Frequently Asked Questions
- Can every Rental Office decision be appealed?
- No. The Residential Tenancies Act and related court rules determine which decisions or legal issues may be appealed. Read the decision and confirm eligibility with the Nunavut Court of Justice registry or a legal adviser.
- What is the appeal deadline in Nunavut?
- The deadline depends on the applicable legislation and procedure. Check the written decision and confirm the current time limit with the court registry immediately after receiving the decision.
- Can I submit new evidence on appeal?
- An appeal generally reviews the earlier process or legal decision rather than starting the case again. Ask the court about any rule allowing new evidence and explain why it was not provided earlier.
- Does filing an appeal automatically stop an eviction or payment order?
- Not necessarily. Ask the court whether a stay or other temporary order is available, and continue following existing orders unless they are changed.
How-To Appeal a Rental Office Decision
- Read the written Rental Office decision and identify the legal issue you want the court to review.
- Confirm the appeal deadline, filing method, fee, and service rules with the Nunavut Court of Justice registry.
- Complete the current Notice of Appeal or other required court form and attach the required decision and records.
- File the appeal with the court before the deadline and keep proof that it was accepted.
- Serve every required party, prepare your explanation, and attend the scheduled hearing.
Help and Support / Resources
- Nunavut Court of Justice for court procedures, registry contact information, and hearings.
- Nunavut Court of Justice court forms for current court documents and filing information.
- Government of Nunavut Residential Tenancies for Rental Office information, tenancy forms, and official guidance.
- Nunavut Legal Services Board for legal aid and legal assistance information.
