If you've received an eviction order from the Ontario Landlord and Tenant Board (LTB), you might feel anxious or unsure about what to do next. The good news is that tenants in Ontario do have the right to challenge or appeal an eviction order in some circumstances. This guide walks you through steps to respond, outlines the official forms you may need, and explains where to turn for more help.

What Does It Mean to Appeal an Eviction Order?

When the LTB issues an eviction order against you, it means your landlord has been legally granted permission to end your tenancy and require you to move out. However, you can still challenge the decision, but it’s important to act quickly and use the correct process. In Ontario, an “appeal” typically refers to asking the Superior Court of Justice to review the Board’s decision, while a “review” is an internal request for reconsideration directly to the Board.

Who Handles Residential Tenancy Disputes in Ontario?

All landlord-tenant disputes, including eviction appeals and reviews, are handled by the Ontario Landlord and Tenant Board (LTB). This independent tribunal resolves rental housing disputes under the Residential Tenancies Act, 2006¹.

Understanding Your Options After an Eviction Order

You generally have two main ways to challenge an eviction decision in Ontario:

• Requesting a Review (Reconsideration): Ask the LTB to review its own order if you believe there has been a serious legal mistake or new evidence came to light. This must be done within 30 days.
• Appealing to the Divisional Court: Appeal only on a “question of law” to the Superior Court of Justice’s Divisional Court. This is more complex and usually requires legal support.

Knowing which process applies is crucial, as each has strict deadlines and requirements.

Which Forms Do You Need?

The right form and process depend on whether you seek a review by the LTB or an appeal to the Court.

1. Request to Review an Order – L2 Form (Form S2)

• When to Use: If you believe the LTB’s eviction order was made in error, or crucial evidence was not considered.
• Deadline: Must be filed within 30 days of the eviction order.
• How to Use: Complete and submit the Request to Review an Order (Form S2) directly to the LTB, along with supporting documentation.
• Example: If you were unable to attend your hearing due to a medical emergency, you could submit a Form S2 with medical documents.

2. Notice of Appeal to Divisional Court

• When to Use: To appeal an LTB order to the Divisional Court, but only for mistakes in law. Typically used after or instead of a request to review.
• Deadline: Must be filed within 30 days of the LTB order date.
• How to Use: Fill out a Notice of Appeal form and file it with the Divisional Court, serving copies to your landlord and the LTB. Court and legal fees may apply.
• Example: You believe the Board misapplied a section of the Residential Tenancies Act, 2006, and can argue this point in court.

Tenants should keep copies of all deadlines, forms, and communication for their records. Missing the 30-day deadline could result in losing your right to challenge the eviction.

Step-by-Step: What Should You Do If You Want to Appeal?

Acting fast is essential. Here’s a simple checklist of what to do:

• Read the LTB decision carefully and note key dates.
• Decide if you will request a review (Form S2) or file an appeal to the Divisional Court.
• Gather any new evidence or documentation that supports your case.
• Fill out the appropriate form and file it within 30 days of the LTB’s order.
• Serve a copy to your landlord and keep proof of service.
• Follow any instructions from the tribunal or court.
• If you need legal advice, contact a community legal clinic promptly.

For more on your rights and options when your lease or tenancy is ending, visit How to Properly End Your Rental Agreement as a Tenant.

Practical Example

Suppose you receive an eviction order because your landlord claims you didn’t pay rent, but you have bank statements proving you did. You could file Form S2 to request a review, attaching your proof of payment.

What Happens After Filing?

Once your request for review or appeal is received, the LTB may temporarily stop ("stay") enforcement of the eviction order. If you’re appealing to court, you may need to ask separately for a stay. The Board or court will then review your arguments and evidence before making a final decision.

Your Rights Under Ontario Law

Ontario tenants have protections under the Residential Tenancies Act, 2006. You cannot be evicted without a legal order and valid process. For a complete overview, see Tenant Rights in Ontario.

For tenants who may also be seeking information after a lease has ended or moved out, check out How to Get Your Security Deposit Back with Interest When Moving Out.

If you’re preparing for a move or searching for your next home, Find rental homes across Canada on Houseme for helpful tools and listings.

FAQ: Challenging an Eviction Order in Ontario

1. Can I stop an eviction if I file for a review or appeal?
   In some cases, yes. Filing a review or appeal may temporarily delay (stay) the eviction, but it depends on whether the stay is granted by the Landlord and Tenant Board or court.
2. How much time do I have to appeal an eviction order?
   You generally have 30 days from the date of the eviction order to file for a review or appeal.
3. What if I miss the 30-day deadline?
   You must apply for permission (leave) to file late, but approval is rare and not guaranteed. It’s crucial to act quickly.
4. Do I need a lawyer to appeal an eviction order?
   Not necessarily. Many tenants represent themselves, especially at the LTB. But appealing to court is complex, so legal advice is recommended.
5. Where can I get help filling out eviction appeal forms?
   Contact your local community legal clinic, tenant association, or the LTB’s Tenant Duty Counsel for free assistance.

Conclusion: Key Takeaways

• Ontario tenants can challenge eviction orders by requesting a review or filing a legal appeal—deadlines are strict.
• Always read the eviction order carefully, act within 30 days, and use the appropriate form or process.
• Reach out to support resources or legal clinics for guidance and don’t hesitate to ask questions about your rights.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – Official Website & Contact
• Steps to Justice: Housing Law – Ontario
• Ontario Tenants' Rights Advocacy
• Local community legal clinics (search “community legal clinic Ontario” for your local office)

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1. Residential Tenancies Act, 2006 (Ontario)
2. Ontario Landlord and Tenant Board (LTB)

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