How to Appeal a Landlord and Tenant Board Order in Ontario

Getting an order from the Landlord and Tenant Board (LTB) that you disagree with can feel final, but there are limited options. Which one fits depends on what went wrong and how much time has passed.

Deadlines are short, and they changed recently. This article explains the difference between a review and an appeal, who decides each, and the practical steps, so you can act quickly and get advice early.

Three ways to change an LTB order

There are three ways to have an LTB order changed. A Request to Amend fixes clerical errors and must be made within 30 days after the order, with no fee. A Request to Review goes to the LTB itself. An appeal goes to the Divisional Court.

Request to Review

For orders issued on or after July 1, 2026, a Request to Review must be filed within 15 days of the order under RTA s. 209(3). For orders issued before July 1, 2026, the deadline is 30 days. The filing fee is $58.

From July 1, 2026, the LTB may review a final order only on three grounds: the party was not reasonably able to participate, for example because of no adequate notice of the hearing; a serious error; or new evidence that could not have been obtained earlier. Older brochures and third-party pages may still show the old deadline and broader grounds, so check the date of anything you read.

• A late request is considered only if a Request to Extend Deadline, with reasons for the delay, is filed together with it.
• A party may make only one review request per order.
• The LTB may stay the order where enforcement would cause harm that cannot be undone.
• Requests to review a consent order are rarely granted unless there is evidence of fraud, coercion or duress.

Appeal to the Divisional Court

Under RTA s. 210(1), 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.

The two routes interact. 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. Whether your issue is a question of law is something a lawyer can help you assess.

Orders made without a hearing

Ex parte orders, issued without a hearing on L3 or L4 applications, can be challenged with Form S2, Motion to Set Aside an Ex Parte Order. It must be filed 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, the tenant 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.

What to do next

• Note the date on the order and count the days right away.
• Decide whether the problem is a clerical error, a missed hearing, a serious error, new evidence or a legal error.
• Gather your documents and any evidence. For hearings, evidence must generally be disclosed 7 days before and responding evidence 5 days before, and a party who does not comply may be barred from relying on it.
• Use the Tribunals Ontario Portal to submit applications, check file status and see whether an order has been issued.
• Call the LTB at 1-888-332-3234 for information, though staff do not give legal advice.
• Consider contacting the Advocacy Centre for Tenants Ontario or the Landlord Self-Help Centre, which are funded by Legal Aid Ontario.

Frequently asked questions