Landlord & Tenant (LTB)Fixed feeDivisional Court appeal referral

Divisional Court referral brief (LTB appeal)

A summary of an LTB decision and the appeal deadline, for a lawyer who handles Divisional Court appeals.

An appeal of a Board order to the Divisional Court must usually be started within 30 days of the order and is only on a question of law, so act promptly. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing the Board's order and reasons
  • Noting the appeal deadline
  • Preparing a written summary of the decision and the file for the lawyer
  • Referral to an Ontario lawyer who handles Divisional Court appeals, under the Law Society of Ontario's referral rules

What is not included

  • Board application fees, Court Enforcement Office (Sheriff) fees and other disbursements
  • Hearing attendance when the service is for a notice or documents only
  • Appeals to the Divisional Court, which only a lawyer may handle
  • Extra hearing days or new applications beyond the one described

Who this service is for

  • Landlords dealing with unpaid rent, damage or a need to end a tenancy
  • Tenants facing an eviction notice or a landlord's application
  • Tenants with maintenance, harassment, lockout or rent problems
  • Small landlords who want the paperwork done correctly

Information to have ready

  1. 1The lease or tenancy agreement
  2. 2Any notices given or received, and how and when they were served
  3. 3A rent ledger, receipts or e-transfer records
  4. 4Photos, messages and repair requests
  5. 5Any Board documents, such as an application, notice of hearing or order

Frequently asked questions

How much does it cost?

The fee is $250 plus 13% HST ($282.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

Can the firm argue the appeal?

No. Only a lawyer may act in the Divisional Court. The firm prepares the summary and can refer you to an Ontario lawyer, who confirms the scope and sets and bills the fee.

Is a review at the Board the same as an appeal?

No. A review is a request to the Board itself, and an appeal goes to the Divisional Court. They have different tests and deadlines.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the Board decides
  • Notices and applications depend on accurate dates and information from you
  • You must follow the Board's deadlines and orders
  • Appeals of Board orders go to the Divisional Court, where only a lawyer may act, so for that step the firm only organizes the file and a summary and refers the appeal to an Ontario lawyer.
Law Society of Ontario — Barreau de l'Ontario
Find it on Apple NewsView full feature on Apple News