How to Appeal a Yukon Residential Tenancies Board Decision

If you've received a decision from the Residential Tenancies Board (RTB) in Yukon that you believe is unfair or incorrect, you have the right to appeal. Understanding your options and following the correct process is essential to protect your rights as a tenant in Yukon.

Understanding LTB Decisions and Your Right to Appeal

In Yukon, residential tenancy disputes between landlords and tenants—such as issues over eviction, rent increases, or repairs—are handled by the Residential Tenancies Board (RTB). When the RTB makes a decision, either party can ask the Yukon Supreme Court to review or "appeal" that decision within 30 days.

• The primary legislation governing these matters is the Residential Landlord and Tenant Act (Yukon).
• Most appeals involve an "application for judicial review," which is a request for the court to look at whether the Board made a legal or procedural error, not just to disagree with the outcome.

Appeals are not automatic re-hearings. You must show that the Board made a legal mistake that affected the outcome.

When Should You Consider Appealing?

Appealing is a serious step, generally used when you believe the Board:

• Did not follow proper legal procedures
• Applied the law incorrectly
• Acted in a way that was unfair or biased

It is not enough to simply disagree with the decision or be unhappy with the result.

Deadline: Act Quickly After an RTB Decision

In Yukon, you have 30 days from the date of the Board's order or decision to file an application for judicial review in the Supreme Court of Yukon^[1]. Missing this deadline can prevent your appeal from being heard unless exceptional reasons exist.

Forms and Documents Needed to Appeal

Appealing an RTB decision involves the following official documents and steps:

• Notice of Application for Judicial Review: This is a written document submitted to the Supreme Court, setting out your reasons for review.
  • Form #35 of the Yukon Supreme Court Notice of Application (Form 35)
  • Used to request the Court review the RTB's decision.
  • Include a copy of the RTB decision and all supporting materials.
• Affidavit: You must prepare an affidavit—a sworn written statement of facts and evidence.
  • This supports your Notice of Application and outlines your side of the story.
  • Sample forms and information are on the Yukon Courts website.

For detailed instructions, visit the official Yukon Courts website or speak with Court registry staff for procedural help (they cannot provide legal advice).

If you need to understand your obligations as a tenant or landlord during the appeal process, our guide Obligations of Landlords and Tenants: Rights and Responsibilities Explained is a helpful resource.

Step-by-Step Guide: How to Appeal an RTB Decision in Yukon

Here's a brief overview of the appeal process for tenants:

• Review your RTB decision as soon as you receive it.
• Determine if you have legal grounds for appeal (legal or procedural error).
• Within 30 days, fill out the Form 35 Notice of Application and prepare your Affidavit.
• File these documents at the Yukon Supreme Court and pay the required filing fee.
• Serve copies to your landlord (and other parties as required).
• Attend your court hearing on the date set by the Court.

Make sure to keep all correspondence and evidence, such as emails, notices, and receipts, to support your case.

What Happens After You Appeal?

The Supreme Court may:

• Uphold (agree with) the RTB decision
• Reverse or change the decision if they find a legal or procedural error
• Send the matter back to the RTB for a new hearing

The Court’s decision is final unless there is a further appeal (which is only possible in rare cases).

Important Tenant Rights in Yukon

For more about your rights and responsibilities at every stage of your tenancy, visit Tenant Rights and Landlord Rights in Yukon.

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Frequently Asked Questions About Appealing RTB Decisions

1. How long do I have to appeal a Yukon Residential Tenancies Board decision?
   You must file an application for judicial review within 30 days of the date on the Board's order or decision.
2. Do I need a lawyer to appeal an RTB decision?
   No, you do not need a lawyer, but legal advice can be very helpful. The process involves court documents and legal arguments.
3. Can I stay in my rental while my appeal is ongoing?
   Appealing does not automatically pause the Board's orders (such as eviction). You may request a stay (pause) from the Supreme Court, but it is not guaranteed.
4. Is there a fee to appeal an RTB decision?
   Yes. Fees apply to file your application with the Supreme Court; the current rate can be found on the Yukon Courts fee schedule.
5. What happens if I miss the 30-day appeal deadline?
   It is very difficult to appeal after the deadline. The Court may reject your application unless there are exceptional circumstances.

Conclusion: Key Takeaways

• You must appeal a Yukon RTB decision within 30 days—act promptly.
• Appeals are based on legal error, not just disagreement with results.
• Filing involves official forms and court procedures. Help is available if needed.

Being informed about your rights and responsibilities makes the appeal process smoother and helps protect your interests as a tenant.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Board — info on laws, disputes, and applications
• Yukon Courts — court forms, fee schedules, and procedural information
• Yukon Public Legal Education Association — free tenant guides and support
• For more on your rights: Tenant Rights and Landlord Rights in Yukon

1. Yukon Residential Landlord and Tenant Act (2012), official legislation here
2. Yukon Residential Tenancies Board, official information and contact
3. Yukon Courts, court forms and appeal details