Asking the LTB to Review an Order
A Landlord and Tenant Board (LTB) order is not always the end of the road. If the order has a serious error, or you could not reasonably take part in the hearing, you can ask the Board to review it. The window is short, so act quickly.
- A request to review an order generally has to be made within 30 days of the date the order was issued.
- The two main grounds are a serious error in the order, or that you were not reasonably able to take part in the proceeding.
- A review is not a second hearing on the same facts. You have to point to a real problem with the process or the order.
- Spelling and arithmetic mistakes are fixed through a request to amend, not a review.
Who can ask
Any party to the order can ask for a review of a final order, or of an interim order that finally affects a party's rights. A party generally gets one request to review the same order, so it should be complete and accurate.
Ground 1: a serious error
- The adjudicator applied the wrong rule or misread the law in a way that matters to the result.
- The order cannot be right on the evidence that was before the Board.
- The order makes a mistake that goes to the heart of the decision, not a small clerical slip.
Ground 2: you could not reasonably take part
- You did not get adequate notice of the hearing or of what would be decided.
- You were misled by another party about the hearing or the issues.
- A serious emergency, illness, injury or hospitalization kept you from attending or asking for an adjournment.
Steps
- Read the order carefully and note the date it was issued. The 30 days count from that date.
- Complete the LTB's request to review form and explain which ground applies and why.
- Attach proof, such as medical records, proof of when you moved, or the notice you did or did not receive.
- Pay any required fee, or ask for a fee waiver if you qualify, and send copies as the form directs.
- If you are past 30 days, also ask to extend the time and explain the delay.
What happens next
The Board first decides whether the request shows a real basis for review. Sometimes the order is put on hold (stayed) while the request is decided, but you should not assume that. If the Board agrees, it can confirm, change or cancel the order, or order a new hearing. If the request is refused, the order stands.
Review versus appeal
A review asks the LTB itself to look again. An appeal goes to the Divisional Court and is limited to questions of law, with its own short deadline and its own rules about who can represent you. Because the deadlines can overlap, get advice early if the order matters a great deal to you.
Common questions
Can the landlord evict me while my review request is waiting?
Not unless the order is enforced. But an eviction order can be enforced unless it has been stayed, so ask for a stay in your request and keep checking the status.
What if I just disagree with the decision?
Disagreeing is not enough for a review. You need a serious error, or proof that you could not take part. Otherwise your remedy may be an appeal on a question of law.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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