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Real Estate

How do I appeal a committee of adjustment decision to the Ontario Land Tribunal?

TSL Written by the Treadstone Law team· Updated August 2026

A committee of adjustment's decision on a minor variance can generally be appealed to the Ontario Land Tribunal by a party with standing, which typically includes the applicant if refused, or a neighbour or other affected party who wants to challenge an approval, so long as the appeal is filed within the applicable notice period after the decision is made. The appeal generally has to identify the specific grounds of disagreement with the committee's decision, connecting back to how the four-part legal test for minor variances was or wasn't properly applied.

Once filed, the Tribunal typically holds its own hearing, which can involve a fresh review of the evidence rather than simply checking the committee's process for errors, meaning new or more detailed evidence can be presented that wasn't before the original committee. Because the Tribunal's process is more formal than a committee of adjustment hearing and involves its own procedural rules and deadlines, parties considering an appeal, whether pursuing or defending one, benefit from getting legal advice early, both to make sure the appeal is filed correctly within the applicable deadline and to prepare evidence suited to a more formal hearing process.

Key takeaways

  • Both an unsuccessful applicant and an affected neighbour can generally appeal to the Tribunal.
  • Appeals must be filed within the applicable notice period after the committee's decision.
  • The Tribunal generally holds its own hearing rather than simply reviewing the committee's process.
  • Get legal advice early given the Tribunal's more formal procedures and deadlines.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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