How to Appeal an LTB Decision in Ontario: Review, Divisional Court or Refile

Yes, you can appeal an LTB decision in Ontario, but there are two different routes and both have tight deadlines. You can ask the Board to review its own order, which must be done within 15 days for orders issued on or after July 1, 2026, or you can appeal to the Divisional Court on a question of law within 30 days. Neither route is a second hearing of your case.

Can you appeal an LTB decision in Ontario? Three options, not one

The Landlord and Tenant Board (LTB) says its decisions are final and binding, but they can be appealed to the Divisional Court, which is a branch of the Superior Court of Justice, on questions of law. The LTB's brochure on changing orders lists three ways to have an order reconsidered or changed:

• Request to amend. For clerical errors only, such as a misspelled name or address or an incorrect calculation. The deadline is 30 days after the order was issued and there is no fee.
• Request to review. You ask the LTB to take another look at a final order, on narrow grounds. This is the route with the shortest clock.
• Appeal to the Divisional Court. A court route for errors in law. The LTB does not provide information about it.

You may also be able to apply for judicial review at the Divisional Court. That is a separate court process, so ask a lawyer whether it fits your facts.

Review vs appeal: how the two routes compare

Some older LTB pages still say 30 days for a review. The LTB's brochure and Interpretation Guideline 8 both state the 15-day rule for orders issued on or after July 1, 2026. Plan on 15 days and confirm with the LTB.

How to ask the LTB to review an order

A review is not a chance to present a better case. The LTB's guideline says it is a discretionary process for specific circumstances, and a request that simply says the order is wrong will usually be dismissed at the first stage. The LTB may review a final order if one of these is present:

• You were a party but could not reasonably participate. Examples include not getting adequate notice, being misled by another party, a serious emergency such as illness or hospitalization, or being incarcerated or incapable.
• The order is the result of a serious error: the LTB acted outside its jurisdiction or seriously breached procedural fairness, made an error of law, fact or mixed fact and law, ordered a remedy well outside the usual range, or wrote terms that cannot be enforced.
• You have new evidence that was not before the LTB, could not have been obtained earlier, and would likely have changed the result. Events that happened after the hearing do not count.

The process has two stages. A preliminary review looks only at your request and the LTB's record, without a hearing, and may dismiss the request. If the grounds may be proven, a review hearing follows, normally held electronically or in writing. If the review is granted, the LTB normally re-hears some or all of the issues and may confirm, vary, suspend or cancel the order.

Use the LTB's form and give the file number, the unit address, the ground you rely on with supporting detail, whether you want a stay, and what the LTB should do if you succeed. A fee applies unless a fee waiver is granted, and the LTB may refund it if the order is later varied, suspended or cancelled. Our LTB filing fees post covers the money side.

How to appeal an LTB order to the Divisional Court

An appeal goes on a question of law only. The LTB describes an error in law as the Member incorrectly interpreting or applying the Residential Tenancies Act or another legal test that mattered to the decision. Disagreeing with how the Member weighed the evidence is not enough.

The points that matter for a landlord:

• Deadline. 30 days after the LTB makes the order. After that, you need a motion to the court for an extension.
• Paperwork. If you appeal, you must send a copy of the appeal documents to the LTB.
• Rules. The court sets the procedure, not the LTB. Ontario's guide to Divisional Court appeals says all parties are encouraged to get legal advice and recommends hiring a lawyer. It lists regional centres, with Kitchener under the Hamilton courthouse and Guelph under Brampton. The list is not exhaustive, so confirm the location with the court.
• Stay. The appeal automatically stays the LTB order until the court decides, though a stay can be lifted.

If you plan to use both routes, ask a lawyer how a review request affects your appeal deadline. The LTB's review form asks whether an appeal or judicial review has been filed, so the routes can overlap, but do not assume one stops the clock on the other.

Can you appeal an eviction order in Ontario, and what happens to enforcement?

Yes, an eviction order is an LTB order, so the same routes apply to either side. What changes is timing. If a tenant asks for a review and also asks for a stay, the LTB decides the stay at the preliminary stage. It says it will order a stay when it is satisfied a party will suffer harm that cannot be undone if the order is enforced first, and it may attach conditions. If an order is stayed, the person who benefits must give a copy of the stay order to the Court Enforcement Office (Sheriff). An appeal to the Divisional Court stays the order automatically.

A landlord holding an eviction order should expect enforcement to pause while a request is decided. Track the dates in your eviction process timeline and do not assume nothing will be filed.

Two other points apply to landlords and tenants. First, the LTB's guideline says orders granting relief from eviction involve discretion and are given deference, so a review is unlikely where the result is within a reasonable range. Second, the LTB's September 21, 2026 update changed when an eviction can be delayed at a hearing. If the landlord agrees, the LTB may delay the eviction. If not, the LTB must be satisfied that a delay would not be unfair and that there are compelling reasons.

Review, appeal or refile: how a landlord decides

Before you pick a route, ask what winning would get you. A review or appeal usually ends in a new hearing, a changed order or a legal ruling, not the outcome you wanted handed over. This table matches common situations to the route to look at first. It is general information, not legal advice.

Weigh the 15-day review clock, the cost of a lawyer or paralegal, and the delay while a request is decided. Good records help on every route. D&D Property Management's lease management keeps lease records, notices and rent ledgers in one place so an owner can find what a hearing or a review needs. For advice on whether to challenge an order, speak to a lawyer or licensed paralegal. Our LTB hearing guide shows how to prepare evidence the first time.

Questions about challenging an LTB order

How long do I have to appeal an LTB decision in Ontario?

It depends on the route. A request to review must be made within 15 days for orders issued on or after July 1, 2026, and within 30 days for earlier orders. An appeal to the Divisional Court has a 30-day deadline from when the LTB makes the order. A request to amend an order also has 30 days.

Can you appeal an LTB order if you missed the hearing?

A request to review is the usual route. One ground is that you were not reasonably able to participate, for example because you did not receive adequate notice, were misled by another party, or had a serious emergency. File quickly and include supporting detail. An appeal to the Divisional Court needs an error in law instead.

Does asking for a review stop an eviction?

Not automatically. You can ask for a stay in the review request, and the LTB decides it at the preliminary stage. It will order a stay when it is satisfied a party would suffer harm that cannot be undone if the order is enforced before the review is finished. An appeal to the Divisional Court stays the order automatically.

Can I request a review of the same LTB order twice?

No. The LTB allows one request to review the same order. If the request is denied, you cannot make another request about that order. A different party may ask for a review for different reasons. Prepare it carefully, because there is only one try.

Does the LTB charge a fee for a review?

Yes, a filing fee applies unless a fee waiver is granted. The LTB may refund the fee if the order is varied, suspended or cancelled after the review. Check the LTB's forms and fees page for the current amount. There is no fee to request an amendment of an order for clerical errors.

Devon Moore, Operations Lead Co-Founder & Operations Lead — D&D Property Management

Devon Moore is the co-founder and Operations Lead at D&D Property Management, managing rental properties across Kitchener-Waterloo, Cambridge, Guelph and Waterloo Region.