How to Challenge an LTB Order in Ontario: Review, Appeal or Set-Aside

You have received an order from the Landlord and Tenant Board (LTB) and you think it is wrong. Maybe a hearing went ahead without you, a date is incorrect, or the Member made a mistake. Whichever side you are on, the clock is already running.

Ontario has more than one way to challenge an LTB order, and each has its own deadline, test and effect. This article explains how they differ so you can see which one fits your situation. It is general information, not legal advice.

The routes at a glance

There are three ways to have an LTB order changed: a Request to Amend, a Request to Review, and an appeal to the Divisional Court. A fourth route, a motion to set aside, applies only to ex parte orders on L3 or L4 applications.

Request to Amend and Request to Review

A Request to Amend is for clerical errors, such as a typing mistake. It must be made within 30 days of the order and there is no fee.

A Request to Review goes to the LTB itself. For orders issued on or after July 1, 2026, it must be filed within 15 days of the order, and for orders issued before that date the deadline is 30 days. The filing fee is $58.

From July 1, 2026, under RTA s. 209(2) and O. Reg. 178/26, the LTB may review a final order only on the three grounds listed below. Whether these grounds apply to an order issued before July 1, 2026 depends on your situation, so it is worth confirming with a lawyer.

• You were not reasonably able to participate, for example because you had no adequate notice of the hearing.
• There was a serious error.
• There is new evidence that could not have been obtained earlier.

Reviews are normally decided by a designated Member, Vice-Chair or the Associate Chair.

Appeal to the Divisional Court

An LTB order may be appealed to the Divisional Court only on a question of law, within 30 days after the LTB makes the order.

An appeal automatically stays the LTB's order until the court decides, and a copy of the appeal documents must be sent to the LTB.

Set-aside motions and other traps

If the LTB issued an order without a hearing on an L3 or L4 application, you can file Form S2, Motion to Set Aside an Ex Parte Order, no later than 10 days after the order was issued. Filing on time stays the order, and the tenant should bring a copy to the Sheriff (Superior Court of Justice Enforcement Office). After 10 days, you must file a Request to Extend Deadline with the motion, explaining the delay. If the Member does not set the order aside, the stay is cancelled and the order stays in effect.

Watch for these traps:

• A party may make only one review request per order.
• A late review request is considered only if a Request to Extend Deadline, with reasons for the delay, is filed with it.
• Requests to review a consent order are rarely granted unless there is evidence of fraud, coercion or duress.
• If a Divisional Court appeal has been filed, the order is automatically stayed, and the LTB cannot consider a Request to Review unless the stay is first lifted.
• Older LTB brochures and third-party pages may still show a 30-day review deadline and broader grounds, which no longer apply to orders issued on or after July 1, 2026.

On a review, the LTB may stay the order where enforcement would cause harm that cannot be undone.

What to do next

• Find the date the order was issued and count the days right away.
• Work out which route fits: clerical error, review ground, question of law, or ex parte order.
• Gather your order, notices and any new evidence.
• The Tribunals Ontario Portal can be used to submit applications, check file status, upload evidence and see whether an order has been issued.
• Get free help early: the Advocacy Centre for Tenants Ontario (for tenants) and the Landlord Self-Help Centre (for small landlords) are funded by Legal Aid Ontario.

If you are unsure whether you have a review ground or a question of law, or the deadline may have passed, speak with a lawyer or legal clinic promptly. You can also call the LTB toll-free at 1-888-332-3234, though staff give information, not legal advice.

Frequently asked questions