Understanding appeals of an LTB eviction decision
The Landlord and Tenant Board (LTB) issues orders under the Residential Tenancies Act, 2006 and has limited internal options for reconsideration or review.[1] If you disagree with an eviction order, you can ask the LTB to reconsider or you may apply to the Divisional Court for leave to appeal questions of law or jurisdiction under the Act.[2]
Who can appeal?
Both tenants and landlords can seek a reconsideration or an appeal, but the grounds differ. Tenants commonly appeal when they believe the LTB misunderstood evidence, ignored key documents, or applied the law incorrectly. Landlords may appeal if they believe the board erred in law or fact.
Key deadlines
- Within 30 days: seek leave to appeal to the Divisional Court after receiving the LTB order.
- Within 30 days: request reconsideration from the LTB when a decision contains an obvious error or new evidence has emerged.
- By the eviction date: apply for a stay to delay enforcement while an appeal or reconsideration proceeds.
Gathering evidence
- Collect documents: the lease, rent receipts, payment records, and any written notices from your landlord.
- Take dated photos and videos showing problems such as damage, mold, or lack of repairs.
- Keep a chronological log of conversations, visits, and repair requests with dates and names.
How to file a reconsideration or appeal
Start by deciding whether to ask the LTB for reconsideration or to pursue leave to appeal at the Divisional Court. A reconsideration asks the LTB to re-examine its own decision and is appropriate when there is an error or new evidence; a Divisional Court appeal is for questions of law or jurisdiction.[1][2] Practical example: if a tenant has new receipts proving rent payment that were not before the board, file a reconsideration with the LTB and attach the receipts as evidence. If the issue is that the LTB interpreted the law incorrectly, consider applying for leave to the Divisional Court.[3]
When preparing your submission, include a clear timeline, labelled exhibits, and short witness statements. For local guidance on tenant rights, see Tenant Rights and Landlord Rights in Ontario and for common dispute strategies see Common Issues Tenants Face and How to Resolve Them. If you need to find alternative housing quickly while you appeal, consider searching listings: Find rental homes across Canada on Houseme.
FAQ
- Can I appeal if I missed the LTB hearing?
- Usually you must show a good reason for missing it and act quickly; apply for reconsideration or seek legal advice to explore options.
- How long do I have to start an appeal or reconsideration?
- Deadlines vary but many actions must begin within 30 days of the LTB order; confirm exact timelines on official pages and act immediately.
- Do I need a lawyer to appeal an LTB decision?
- No, you can represent yourself, but legal help or duty counsel can improve your chances, especially for court appeals.
How-To
- Identify whether to request a reconsideration from the LTB or to seek leave to appeal to the Divisional Court.
- Gather and organize evidence: lease, receipts, photos, messages, and witness names with short statements.
- Complete the applicable form from the LTB forms page or prepare a court leave application, attaching labelled exhibits.
- Contact legal clinics or tenant duty counsel for help filling forms and understanding next steps.
- File the form with the LTB or court office before the deadline and request a stay if eviction enforcement is imminent.
- Attend the hearing with organized originals and copies, speak clearly, and refer to the labelled exhibits.
Key Takeaways
- Act quickly: missing deadlines can end your appeal rights.
- Document everything: dated records and labelled evidence strengthen your case.
Help and Support / Resources
- Landlord and Tenant Board (Tribunals Ontario)
- Residential Tenancies Act, 2006 (Ontario)
- Divisional Court (Ontario Superior Court of Justice)
