Receiving a decision from the Landlord and Tenant Board (LTB) can be stressful, especially if you feel the result is unfair or wrong. For tenants in Ontario, there are official ways to challenge or appeal an LTB decision. This guide explains appeal options, important deadlines, required forms, and legal supports so you can protect your rights.

Who Oversees Tenant-Landlord Disputes in Ontario?

Tenant and landlord disputes in Ontario are handled by the Landlord and Tenant Board (LTB). The LTB enforces the Residential Tenancies Act, 2006, which is the primary law governing rental housing in Ontario.

Your Options: If You Disagree with an LTB Decision

If you believe the LTB made a legal mistake in your case, there are two main ways to challenge the decision:

• Request a Review (Reconsideration): Ask the LTB to re-examine its decision based on an error or new evidence.
• Appeal to the Divisional Court: Appeal on a question of law – this means you must show that the LTB made a legal error, not just that you disagree with the outcome.

It's critical to act quickly. Strict deadlines apply, and missing them can prevent you from appealing.

Step-by-Step: Requesting a Review (Reconsideration) from the LTB

Tenants can file a Request to Review an LTB order if they believe:

• The order was made with significant errors, or
• New evidence, not available at the original hearing, could have changed the outcome

Form Required

• Form S2: Request to Review an Order
• Official form and instructions: LTB - Request to Review an Order

When to use: For example, if you were not given notice of the hearing and a decision was made without you, you can file this form to ask for a review.

• Deadline: File within 30 days of the order being issued.
• How to file: Submit the completed form by mail, courier, or in person at an LTB office. Check the latest COVID-19 protocols on the LTB website.

How to Appeal to Ontario's Divisional Court

If you believe the LTB made an error in law (not just facts), you have the right to appeal the decision to the Ontario Divisional Court.

• Time limit: You must file your Notice of Appeal within 30 days after the LTB’s final order is issued.
• What is required? You will need to file a Notice of Appeal (Form 61A) to the Divisional Court and pay a filing fee. Legal advice is strongly recommended because court procedures are complex.
• Instructions and forms: Divisional Court – Applications and Appeals Guide

Tip: If your case involves urgent eviction (e.g., for non-payment of rent), requesting a review does not always stop enforcement. You may need to ask the LTB to "stay" (pause) the order while your review or appeal is considered.

What if an LTB Order Was Made Without Your Knowing?

If an eviction order or other LTB decision was made without you receiving notice or being able to attend, you have specific remedies. This may be the basis for a Request to Review (Form S2) or, sometimes, an urgent appeal.

Important Deadlines for Tenants

• Form S2: Request to Review an Order: 30 days from the date of the order
• Appeal to Divisional Court: 30 days from the date of the final order
• Contact the Board immediately if you believe there is a mistake or you missed the deadline for a good reason.

What Happens After You File?

The LTB will consider your request and may hold an additional hearing or make a ruling based on written submissions. Divisional Court appeals may take longer and typically require legal representation.

Your Rights Under Ontario Rental Laws

Ontario tenants have legal protections under the Residential Tenancies Act, 2006, including the right to a fair hearing and, where justified, to appeal decisions by the LTB. For a full overview see Tenant Rights in Ontario.

If your dispute began with issues like a rent increase, eviction, repairs, or other common problems, you may also find help in Common Issues Tenants Face and How to Resolve Them.

For tenants searching for new homes during or after a dispute, Canada's best rental listings platform can help you browse secure and up-to-date options across the country.

FAQ: Appealing LTB Decisions in Ontario

1. Can I stop an eviction while my review or appeal is in progress?
   Possibly. You may request a "stay" at the LTB to pause enforcement, but it is not automatic. You should act quickly and inform the Board about your pending appeal or review.
2. Do I need a lawyer to appeal an LTB decision?
   While you can represent yourself, appealing to Divisional Court is complex and legal assistance is strongly recommended. Many community legal clinics offer free help to tenants.
3. What is considered an "error of law" for Divisional Court appeals?
   This means the LTB applied the law incorrectly. It does not cover disagreements about facts or evidence unless a legal mistake affected the outcome.
4. What happens if I missed the 30-day deadline?
   You may ask the LTB or Divisional Court for permission to file late, but extensions are not always granted. Explain your reasons clearly and seek legal advice as soon as possible.
5. What documents and evidence should I have ready for my appeal or review?
   Collect all decisions, hearing notices, communications, and supporting documents such as leases or receipts. Clear records will support your case.

Key Takeaways for Tenants

• You have the right to request a review or appeal most LTB decisions within 30 days.
• Use official forms, keep good records, and act quickly—deadlines are strict.
• Legal and community resources are available to help Ontario tenants through the process.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB): Forms, guides, and contact information
• Ontario Tenants Rights: Advocacy and information
• Legal Aid Ontario: Free help for low-income tenants; call 1-800-668-8258
• Community legal clinics: Find your local clinic through Legal Aid Ontario – Find a Clinic
• Tenant Rights in Ontario: Your rights under Ontario law

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1. Landlord and Tenant Board (LTB), Ontario
2. Residential Tenancies Act, 2006
3. LTB Forms – Request to Review an Order (S2)
4. Ontario Superior Court of Justice – Divisional Court Appeals Guide

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