How Tenants Can Reopen a Closed LTB Case in Yukon

Navigating the territory’s rental dispute process can feel overwhelming, especially if your Landlord and Tenant Board (LTB) case has already been closed. In Yukon, tenants sometimes need to ask for a review or reopening of a previously closed case—due to new evidence, missing information, or unexpected errors. This guide explains your options, steps to take, and where to get support, empowering you to assert your rights under Yukon’s rental laws.

Understanding Closed LTB Cases in Yukon

In Yukon, residential tenancy disputes are handled by the Residential Tenancies Office (RTO). When a case is resolved, dismissed, or a decision is issued, it may be closed. However, situations occasionally arise where a tenant believes the outcome was unfair or new facts have come to light—and wishes to reopen the case.

Can a Tenant Reopen a Closed Case?

Yes, but only in limited situations. Under the Residential Landlord and Tenant Act (Yukon), you may ask the RTO to reconsider or review a closed file if:

• There was a significant error in the original decision
• New evidence is available that could change the decision’s outcome
• You were unable to attend the original hearing for reasons beyond your control (e.g., medical emergency)

This process is not the same as filing a new application. It’s a special request for the office to revisit a past decision, not an appeal to a higher court.

Key Steps: How to Request a Review or Reopening

To reopen your case, you must apply to the Residential Tenancies Office within a short window after the decision (usually within 5–10 days, but always check the latest RTO guidance).

• Review your decision letter carefully—it should outline your appeal or review options
• Gather all supporting documents, including the original decision and new evidence
• Fill out the correct form and submit it promptly to the RTO

Relevant Forms for Tenants

• Request to Vary or Set Aside an Order (RTO Form): If you wish to reopen a matter because of a mistake or new evidence, you must complete this form. For example, if you missed your hearing due to unforeseen illness and now want the Board to reconsider, explain your reason and provide evidence (like a doctor's note).
  Official Request to Vary or Set Aside Form

Once submitted, the RTO reviews your application and decides whether the circumstances justify reopening the case.

Providing Strong Supporting Reasons

Your request will have a better chance if you:

• Clearly explain what changed or was missed in the original hearing
• Provide copies of any new evidence (receipts, written communications, witness statements)
• Submit your request before the stated deadline

What Happens After You Apply?

After you submit your request, the RTO will review your materials and may:

• Contact both parties (tenant and landlord) for comments
• Schedule a new hearing, if necessary
• Issue a written decision confirming, changing, or setting aside the original order

The process can take several weeks, so keep in touch with the RTO and check your email/mail regularly for updates.

Related Tenant Rights in Yukon

For more details on your rights and responsibilities in Yukon's rental process, see Tenant Rights and Landlord Rights in Yukon.

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FAQ: Reopening a Closed LTB Case in Yukon

1. How long do I have to request a reopening of my closed case in Yukon?
   Typically, tenants must submit their request within 5–10 days of receiving the original decision. Check your decision letter or contact the RTO for the exact deadline.
2. Can I submit new evidence after my hearing is closed?
   Yes. If the new evidence could not have reasonably been provided earlier, you may explain this in your application to reopen the case.
3. What happens if the RTO does not reopen my case?
   If your application is denied, the original decision stands. Options for further appeal are limited and typically involve the Yukon Supreme Court. Legal advice may be helpful.
4. Does it cost money to apply to reopen a closed case?
   Standard RTO applications in Yukon are generally free for tenants, but check the most updated RTO fee schedule to confirm.
5. Where can I get help if I don’t understand the process?
   You can contact the Yukon Residential Tenancies Office or connect with local tenant support services for assistance.

Summary: Key Takeaways for Yukon Tenants

• Tenants can apply to reopen a closed LTB case if there was a major error, new evidence comes up, or an absence was unavoidable
• You must act quickly and provide clear reasons and evidence using the right form
• Yukon’s RTO will consider if reopening the case is justified and may hold a new hearing

For more support, see detailed guides and tenant resources online.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office (RTO): Yukon Government Renting Page | Phone: 867-667-5944 | Email: residential.tenancies@yukon.ca
• Yukon Legal Services Society: Legal Aid and Tenant Help
• More info on your rights at Tenant Rights and Landlord Rights in Yukon

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1. Yukon Residential Landlord and Tenant Act: Read the Yukon Residential Landlord and Tenant Act
2. Residential Tenancies Office (Yukon): How to resolve rental disagreements
3. Form to Request to Vary or Set Aside RTO Order: Official Yukon RTO Form

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