How Tenants Can Reopen a Closed LTB Case in Ontario
If your Landlord and Tenant Board (LTB) case has been closed in Ontario, you may still have legal options to challenge the outcome. The LTB provides procedures for tenants to ask for a review, reopening, or even an appeal of certain orders. This article explains your potential paths—when they're available, required forms, timelines, and helpful resources for Ontario tenants under the Residential Tenancies Act, 2006[1].
Understanding When an LTB Case Is “Closed”
A case is considered closed when the LTB has issued a final order, and the tribunal has marked it as complete in its system. Tenants are often surprised to learn that a closed case does not necessarily mean all options are gone—it depends on your situation, the order given, and timing.
Tenant Options to Reopen an LTB Case
There are several possible routes to challenge or revisit an LTB decision:
- Requesting a Review of an Order (Reconsideration)
- Applying to Set Aside an Eviction Order
- Appealing the Order to Divisional Court (on a question of law only)
Each process has strict deadlines, forms, and conditions you should understand.
1. Requesting a Review of an LTB Order
If you believe the LTB made a serious error or had new evidence that was not available before, you can apply to have the order reviewed. This is sometimes called a “reconsideration.”
- Form: Request to Review an Order (LTB Form A2)
- Deadline: Within 30 days of the order being issued.
- Use: For example, a tenant who missed their hearing because they never received a notice, or who discovers important new evidence, could use this process.
- How to File: Submit a physical or electronic copy to the LTB, along with supporting documents. The official instructions and form are available on the LTB website—see "Request to Review an Order".
2. Applying to Set Aside an Eviction Order (If You Weren’t at the Hearing)
If you were not present at your eviction hearing and an order was made against you, you may be eligible to "set aside" (cancel) that order under certain conditions.
- Form: Motion to Set Aside an Ex Parte Order (LTB Form S2)
- Deadline: Within 10 days of becoming aware of the order.
- Use: A tenant who never received notice of the hearing and discovers an eviction order against them could apply using this method.
- How to File: Submit Form S2 to the LTB in person or online, with a statement of your reasons. Find the form and guidance at the official LTB forms page—see "Motion to Set Aside an Ex Parte Order".
The LTB will review your application and may schedule a new hearing. If approved, it can cancel or change the original order.
3. Appealing an LTB Order to Divisional Court
If you believe the LTB made a legal error—not just a factual one—you can appeal the decision to Divisional Court. Only questions of law can be appealed this way.
- Form: Notice of Appeal (typically Form 61A from Ontario courts; additional documents required)
- Deadline: Usually within 30 days of the LTB order
- Considerations: This process is more complex, often requires legal advice, and may involve significant costs.
- Official Resource: Refer to LTB Appeal Instructions
Before you begin an appeal, consider seeking guidance from legal clinics or tenant support services.
Key Considerations and Timelines
Laws and LTB procedures are strict about deadlines. Once an order is finalized, your window for reopening the case is often very short—sometimes only 10 days. Whether you’re seeking a review, asking to set aside an order, or filing an appeal, act quickly and keep all documentation.
Start gathering copies of all LTB notices, correspondence, and decisions as soon as possible. This makes it easier to file for review or appeal and to meet tough deadlines.
For more on your rights and obligations after the rental agreement is complete—including important rules if an order impacts your ability to stay in your unit—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What If the Landlord Moves Ahead After a Closed Case?
In some cases, a landlord may act to enforce an order, such as eviction or claiming arrears. If you believe you have a valid reason to reopen the case, promptly notify the LTB. Filing for review may temporarily stop enforcement, but always check with the board for confirmation.
Find rental homes across Canada on Houseme and use their interactive tools to review available legal notices and resources for tenants and landlords.
To learn more about your basic rights and process protections in Ontario, visit Tenant Rights in Ontario.
Frequently Asked Questions
- Can I reopen my LTB case if I missed the hearing?
If you missed your hearing and an order was made without you, you may apply to set aside (cancel) the order by using the proper LTB form, usually within 10 days of learning about the order. - What if I only received the eviction order late or did not get notice?
If you did not receive notice of your hearing, you can apply to have the order reviewed or set aside. Provide proof of when you got the order and your reasons for missing the hearing. - What are the costs to file for a review with the LTB?
There is a standard application fee for most LTB forms, but you may qualify for a fee waiver if you have low income. Check the latest costs on the LTB Fees page. - Will requesting a review stop my eviction?
Filing a review may delay enforcement in some cases, but not always. Contact the LTB to confirm and take immediate action to protect your rights. - Where can I get help or forms for reopening my LTB case?
All forms and detailed guides are on the official LTB website or through local tenant clinics across Ontario.
Key Takeaways for Ontario Tenants
- You may have options to review, set aside, or appeal a closed LTB order, but timelines are short—act quickly.
- Use the correct official LTB form and provide detailed reasons for your request.
- Support and resources are available from provincial services and legal clinics.
Need Help? Resources for Tenants
- Landlord and Tenant Board (LTB) Official Website: Forms, instructions, and contact information
- Legal Aid Ontario: Access free or low-cost legal support (visit Legal Aid Ontario)
- ACTO Tenant Hotline: Free advice for tenants — Advocacy Centre for Tenants Ontario
- Explore Tenant Rights in Ontario for a comprehensive guide to Ontario tenancy rights.
Categories
Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy
Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
Related Articles
- Filing Evidence for Your LTB Hearing: Ontario Tenant Guide June 20, 2025
- Common Tenant Mistakes at LTB Hearings in Ontario June 20, 2025
- What to Do About LTB Delays in Ontario: Tenant Strategies June 20, 2025
- What to Do If the LTB Doesn’t Enforce Its Order in Ontario June 20, 2025
- How Tenants Can File a Complaint About Retaliation in Ontario June 19, 2025
- Filing Group Tenant Complaints in Ontario: Step-by-Step Guide June 19, 2025
- Legal Steps and Rights for Organizing a Rent Strike in Ontario June 19, 2025
- Filing a Tenant Application with the Ontario LTB: Complete Guide June 14, 2025
- Mediation or Adjudication at Ontario's LTB: Which Is Right? June 14, 2025