Divisional Court Appeal of an LTB Order: 30-Day Deadline and Steps

If the Landlord and Tenant Board (LTB) ruled against you, you may feel the decision was simply wrong. An appeal is a narrower tool than that feeling suggests. It is not a second hearing where you present the case again.

This article explains where an LTB appeal goes, the time limit, what counts as a legal error, the basic steps, and what you should check about cost. Deadlines are strict, so if you are within a few weeks of an order, speak with a lawyer quickly.

Where an appeal goes and what it can cover

Appeals of LTB decisions go to the Divisional Court and are limited to questions of law only, under section 210 of the Residential Tenancies Act. A question of law is about whether the rules were applied or understood correctly. Disagreeing with how the member weighed the evidence or whom they believed is generally not the same thing.

The LTB applies the Residential Tenancies Act and decides disputes through mediation or through adjudication, where a member hears the evidence and issues an order. The order is the final written version of the member's decision. It is that order you would be appealing.

The 30-day deadline

A Divisional Court appeal must generally be brought within 30 days after the date the order was made. The count runs from the date of the order, not from the day you read it or received it, so do not wait.

The steps are time-sensitive in two ways. The Notice of Appeal and the certificate must be served on the respondents within 30 days of the order, and then filed with the court within 10 days after service on all respondents. A transcript certificate is obtained within 30 days of filing the Notice of Appeal. If you may be late, get legal advice right away about what, if anything, can be done.

The basic steps

• Prepare a Notice of Appeal (Form 61A) and an Appellant's Certificate Respecting Evidence (Form 61C).
• Serve them on the respondents within 30 days of the order.
• File them with the court within 10 days after service on all respondents.
• Obtain a transcript certificate within 30 days of filing the Notice of Appeal.

Other later steps, such as preparing the appeal materials, depend on the court's practice and on your case. A lawyer can confirm what applies to you.

Appeal versus review at the LTB

A different option sits inside the LTB itself. A Request to Review an Order costs $58 and can be based on not being reasonably able to participate, a serious error in the order, or new evidence that could not have been obtained earlier. The time limit for a review request has been described inconsistently, so confirm the deadline with the LTB or a lawyer before relying on any number.

If you missed your hearing, a review request may fit better than an appeal, since the LTB can decide an application without you when no one attends. Which route suits you depends on the facts.

What it costs

The court's own steps guide says there may be a fee for filing documents but does not list amounts. Confirm the current fee with the court registry before you file. Other costs, such as the transcript and any lawyer's fees, depend on your case.

Winning an appeal does not necessarily end the dispute, since the result can depend on what the court orders. And if the LTB order is for money, it can be filed with the Small Claims Court for enforcement.

What to do next

• Write down the date on the LTB order and count 30 days from it.
• Read the order and note exactly which legal rule you say was misapplied.
• Decide whether a Request to Review fits your situation better.
• Gather the order, the Notice of Hearing and your evidence.
• Speak with a lawyer early, because service and filing deadlines are short.

Frequently asked questions