Can I appeal a Landlord and Tenant Board decision to court in Ontario?
Yes, but only in a limited way. The Landlord and Tenant Board operates under the Residential Tenancies Act, 2006, and a decision it makes can generally be appealed to the Divisional Court, but only on a question of law, not simply because a party disagrees with how the Board weighed the evidence or assessed credibility. This means an appeal generally can't be used to re-argue the facts of a tenancy dispute, such as whether a landlord's reason for eviction was genuine or whether specific testimony should have been believed; it's reserved for arguing the Board misapplied or misunderstood the law itself.
Because the appeal route is narrow, many parties dissatisfied with an LTB decision look first at the Board's own internal review process, which can address certain kinds of errors, including procedural unfairness or new evidence, without needing to meet the higher bar of showing a genuine legal error. Deciding whether a specific complaint about an LTB decision is genuinely a question of law, or really a disagreement about the facts dressed up as a legal argument, matters considerably to whether an appeal to the Divisional Court is realistically available at all.
Key takeaways
- LTB decisions operate under the Residential Tenancies Act, 2006 and can be appealed to the Divisional Court.
- The appeal is limited to questions of law, not disagreements about facts or credibility.
- The Board's own internal review process may address other kinds of errors instead.
- Assess honestly whether a complaint is really a legal error before pursuing a Divisional Court appeal.