Appealing an Eviction Order in Ontario

Facing an eviction order can be overwhelming. This guide explains how tenants in Ontario can challenge or appeal an eviction order, what deadlines apply, and what evidence helps a case. It covers options at the Landlord and Tenant Board, when to ask for a review or reconsideration, and when to seek the court's intervention. You will learn practical steps to preserve your rights — from collecting receipts and photos to filing official forms and preparing for a hearing. If you must relocate, the guide points to resources for finding new housing and understanding final inspections and deposit returns. It also explains enforcement steps a landlord may take, what a writ of possession means, and how to contact the Sheriff. Where possible, examples show how tenants won stays or reversed orders by timely filings and strong documentation.

How appeals and reviews work in Ontario

An eviction order usually starts with an LTB decision. Tenants can ask the Landlord and Tenant Board for a review or reconsideration in some cases, and in others they may seek court review or leave to appeal to the Divisional Court. Reviews at the Board focus on errors of fact or process; court applications focus on questions of law or jurisdiction. Acting quickly is essential because strict timelines apply and enforcement can follow once a final order is issued.^[1]

Before you appeal: gather evidence and check deadlines

Successful appeals depend on clear evidence and meeting deadlines. Prepare an organized file of documents and a timeline of events before filing any application.

• Check the LTB decision and any written order for the exact deadline to apply for a review, stay, or court action.
• Collect receipts, photos, written communications, repair requests, and witness names to support your case.
• Copy all forms and filings you submit and note the date you served them on the landlord or their lawyer.

Common legal options for tenants

Tenants generally have three routes to challenge an eviction order:

• Request a review or reconsideration by the Landlord and Tenant Board when there was a procedural error or new evidence.
• Apply to the Divisional Court for leave to appeal or for judicial review on questions of law or jurisdiction.
• Ask for a temporary stay of enforcement while an appeal or review is pending; this is time-sensitive and requires prompt filings.

Important forms and when to use them

Ontario uses specific forms for Board applications and tribunal processes. Common entry points and examples:

• Form L1 — Application to the Landlord and Tenant Board: used by landlords to seek an order to end a tenancy (for example, for non-payment of rent). A tenant facing an L1 should gather rent records and dispute the grounds at the hearing; see the LTB forms page for the exact PDF and filing guidance.^[2]
• Tenant application and response forms (T-series): tenants can use Board forms to raise counter-applications (for repairs, maintenance or other disputes) that may affect the outcome of an eviction; attach supporting evidence like photos and repair requests when filing.^[2]
• Divisional Court information (appeals and judicial review): when a legal error is suspected, a tenant may apply to the Divisional Court. Example: if the Board exceeded its jurisdiction, a tenant would explain the legal issue and request leave to appeal or judicial review following court rules.

Practical steps to file an appeal or review

Use this checklist to act quickly and accurately when challenging an eviction order.

1. Read the Board order carefully and note the deadline to apply for review, stay, or court action.
2. Assemble evidence: rent receipts, photos, text messages, repair requests, and witness contact details.
3. Complete the correct LTB form (or court application) and include a clear statement of the errors or grounds for review.
4. Serve copies of your filing to the landlord and file proof of service with the Board or court.
5. Ask for a stay of eviction if enforcement is imminent and you are filing an appeal or judicial review.
6. Attend all hearings and bring originals of documents and organized witness statements.
7. If the appeal succeeds, confirm the Board or court order in writing and keep copies for your records.

After a Board decision and enforcement

If the Board issues a final eviction order, a landlord may ask the Sheriff to enforce it. That can lead to a removal date and lockout. Tenants can sometimes ask the Board for a delayed enforcement date or negotiate a move-out plan. If you need to move, use local resources to find housing quickly and understand your rights around the final inspection and deposit return.

You can search for new rental listings quickly at Find rental homes across Canada on Houseme and review practical moving guidance on the site below.

For help with final steps when leaving, see Moving Out Tips: A Tenant''s Guide to a Smooth Rental Exit and how to recover deposits at How to Get Your Security Deposit Back with Interest When Moving Out.

FAQ

Can I appeal every Landlord and Tenant Board eviction order?

Not every decision can be appealed; you can often request a review at the Board for errors or apply to the Divisional Court for leave to appeal on questions of law or jurisdiction.

How long do I have to file an appeal or request a review?

Deadlines vary by the type of filing. Check the order for exact timelines and act immediately to preserve options; late filings are often refused.

Will filing an appeal stop the eviction?

Filing an appeal does not automatically stop enforcement. You must request a stay of enforcement and show why it should be granted.

Where can I get free legal advice?

Community legal clinics and tenant duty counsel can provide limited help; contact local clinics as soon as possible for assistance with forms and hearings.

How-To

1. Read the eviction order and identify the deadline for a review or appeal.
2. Gather and label all documents and evidence you will rely on at the hearing.
3. Complete and file the appropriate LTB form or court application, attaching a clear statement of grounds.
4. Serve the landlord and file proof of service according to rules set by the Board or court.
5. Request a stay of eviction if enforcement is scheduled and you are pursuing review or appeal.
6. Attend the hearing, present evidence, and ask questions if you need clarification from the adjudicator.
7. Follow up in writing to confirm any new or amended orders and keep copies for your records.

Help and Support / Resources

• Landlord and Tenant Board - information and hearings
• [1] Residential Tenancies Act, 2006
• Divisional Court - appeals and judicial review information

1. [1] Residential Tenancies Act, 2006
2. [2] Landlord and Tenant Board forms and guides
3. [3] Landlord and Tenant Board (Tribunals Ontario)