Receiving an eviction order from the Landlord and Tenant Board (“LTB”) does not always bring a dispute to an immediate end. A tenant may ask the LTB to review its decision or appeal the order to Ontario’s Divisional Court.

For a landlord, an appeal can delay enforcement of an eviction order, increase legal expenses and allow additional rent arrears to accumulate. However, a tenant cannot successfully appeal merely because they disagree with the outcome. Under Ontario’s Residential Tenancies Act, 2006 (“RTA”), an appeal is limited to a question of law.

This article explains what happens when a tenant appeals an LTB decision, whether the eviction is automatically placed on hold and what an Ontario landlord can do in response.

Important: This article provides general legal information and is not legal advice. Appeal procedures and deadlines can change, and each case should be assessed on its particular facts.

Can a Tenant Appeal an LTB Decision in Ontario?

Yes. Section 210 of the Residential Tenancies Act, 2006 permits a person affected by an LTB order to appeal to the Divisional Court within 30 days after being given the order.

An appeal may be brought only on a question of law. This means the tenant must identify a legal error in the LTB’s decision—not simply argue that the adjudicator should have believed different evidence or reached a different factual conclusion.

Possible questions of law may include allegations that the LTB:

·      Misinterpreted or incorrectly applied the RTA;

·      Applied the wrong legal test;

·      Failed to provide procedural fairness;

·      Denied a party a meaningful opportunity to present their case;

·      Made a decision outside its legal authority; or

·      Reached a conclusion that is legally unavailable under the applicable legislation.

Whether an alleged error qualifies as a question of law can be complicated. The Divisional Court may dismiss or quash an appeal that merely attempts to reargue the evidence.

Is an LTB Appeal the Same as an LTB Review?

No. An appeal and a request for review are separate procedures.

Request to Review an LTB Order

A request for review asks the LTB itself to reconsider an order. A review may be available where a serious error occurred or where a party was not reasonably able to participate in the original proceeding.

For an order issued on or after July 1, 2026, a request for review generally must be filed within 15 days of the date the order was issued. A party filing late must also request an extension and explain the delay.

A review is not a second opportunity to present evidence that could reasonably have been submitted at the original hearing. A request that merely alleges the decision was wrong will generally not satisfy the LTB’s review test.

The LTB’s Interpretation Guideline 8 explains the review process and applicable test.

Appeal to the Divisional Court

An appeal is a court proceeding brought under section 210 of the RTA. It is limited to a question of law and is governed by court legislation, procedural rules and practice directions.

A tenant may attempt both procedures, but the interaction between an LTB review and a Divisional Court appeal can become procedurally complex. Landlords should obtain advice promptly after receiving either set of documents.

How Long Does a Tenant Have to Appeal an LTB Decision?

A tenant generally has 30 days after being given the LTB order to appeal it to the Divisional Court.

The appeal process is started by delivering a Notice of Appeal. Under the Divisional Court’s current practice direction, this requires serving the required appeal documents on the landlord and the LTB and submitting them, with proof of service, to the appropriate Divisional Court location.

If the tenant misses the deadline, they may ask the Court for an extension of time. An extension is not automatic.

Because appeal deadlines are short, a landlord should immediately record:

·      When the appeal documents were received;

·      Which documents were served;

·      How they were served;

·      The Divisional Court file number;

·      Whether a certificate of stay was issued; and

·      Whether the Sheriff had already scheduled an eviction.

Does an LTB Appeal Stop the Eviction?

Delivery of a Notice of Appeal automatically stays provisions of an LTB order that terminate a tenancy or evict a person. A stay temporarily suspends enforcement while the appeal remains outstanding.

If an eviction has already been scheduled, the tenant is responsible for ensuring the Sheriff receives the certificate of stay. Once the Sheriff is notified that the order has been stayed, the eviction cannot proceed unless the stay is lifted.

The automatic stay does not mean that the tenant has won the appeal. It preserves the existing situation until the Divisional Court decides the appeal or orders otherwise.

Ontario’s Divisional Court practice direction explains the certificate-of-stay process and the procedure for requesting that a stay be lifted.

Does the Tenant Have to Continue Paying Rent During the Appeal?

An appeal does not normally give a tenant the right to occupy the rental property without paying rent.

The Divisional Court may issue case-management directions requiring the tenant to:

·      Pay ongoing rent as it becomes due;

·      Pay some or all existing arrears;

·      Make payments to the landlord or into court; and

·      Comply with a schedule for advancing the appeal.

If the tenant does not comply with a payment condition or court-ordered timetable, the landlord may ask the Court to lift the stay. The precise remedy will depend on the order and the circumstances.

Landlords should continue maintaining a complete rent ledger during the appeal. The ledger should identify every charge, payment and outstanding balance.

Can a Landlord Ask the Court to Lift the Stay?

Yes. A landlord responding to the appeal can ask the Divisional Court to lift the automatic stay.

Under the current Divisional Court practice direction, a respondent may request a case conference or ask the Court to schedule a motion to lift the stay. If the request is based on non-payment, the landlord should provide a clear accounting of the outstanding rent.

Reasons for seeking to lift a stay may include:

·      The appeal does not raise a genuine question of law;

·      The appeal appears to have been commenced only to delay eviction;

·      The tenant is not paying ongoing rent;

·      Rent arrears are increasing significantly;

·      The tenant is not advancing the appeal promptly;

·      The tenant has failed to obtain necessary transcripts or file materials; or

·      The landlord is suffering serious prejudice while the stay continues.

The Court will decide the request based on the evidence and applicable legal test. A landlord should not assume that a stay will be lifted automatically because rent remains unpaid.

What Should a Landlord Do After Receiving Appeal Documents?

1. Confirm That an Appeal Was Properly Commenced

Review the documents to determine:

·      Which LTB order is being appealed;

·      Whether the tenant identified a question of law;

·      When the appeal was commenced;

·      Whether the landlord and the LTB were served;

·      Whether the documents identify a court file number; and

·      Whether an automatic stay applies.

A document labelled “appeal” does not necessarily establish that a valid appeal has been commenced.

2. Stop Enforcement If the Order Is Stayed

If an eviction order is stayed, the landlord must not attempt to enforce it.

The landlord should notify their representative and confirm the status of any scheduled enforcement with the Court Enforcement Office. The landlord must not personally remove the tenant, change the locks or dispose of the tenant’s belongings.

3. Preserve the Complete LTB Record

The landlord should retain:

·      The application and notices;

·      Certificates of service;

·      The tenant’s response;

·      All exhibits;

·      The notice of hearing;

·      The LTB order and reasons;

·      Communications from the LTB;

·      The hearing recording or transcript, if obtained;

·      The complete rent ledger; and

·      The Divisional Court documents.

The appeal will generally be decided using the record that was before the LTB rather than through a new trial.

4. Continue Tracking Rent and Other Losses

Keep an accurate record of ongoing rent, arrears, payments and any other losses connected to the delay.

The landlord should also continue meeting their obligations under the RTA. An appeal does not suspend the landlord’s maintenance, repair or vital-services responsibilities.

5. Obtain Legal Advice Promptly

A Divisional Court appeal is more formal and legally complex than an LTB hearing. It may involve transcripts, factums, appeal books, legal authorities, motions and cost consequences.

An eviction paralegal or landlord paralegal can assist with the underlying LTB history and organize the record, but court representation must comply with Ontario’s rules governing who may appear before the Divisional Court. A lawyer experienced in administrative and residential-tenancy appeals should assess the court proceeding.

What Happens During the Divisional Court Appeal?

The tenant, as appellant, must advance the appeal and prepare the required court materials. Depending on the issues, these may include:

·      A transcript of the LTB hearing;

·      An appellant’s factum containing the legal argument;

·      An appeal book and compendium;

·      An exhibit book; and

·      Supporting legal authorities.

The landlord, as respondent, will normally prepare a respondent’s factum and compendium.

If the tenant relies on what occurred during the hearing, the current Divisional Court practice direction requires the tenant to request the LTB audio recording within 15 days after beginning the appeal and arrange for any necessary transcript promptly.

A tenant who obtains a stay must pursue the appeal diligently. If the tenant fails to follow the Court’s timetable, the landlord may seek an order lifting the stay or quashing the appeal.

What Can the Divisional Court Decide?

After hearing an LTB appeal, the Divisional Court may:

·      Dismiss the appeal and uphold the LTB order;

·      Affirm the LTB’s decision;

·      Amend or replace the decision;

·      Rescind the decision;

·      Send the matter back to the LTB with directions; or

·      Make another order the Court considers appropriate.

The Court may also make an order requiring one party to pay part of the other party’s legal costs. Costs are discretionary and are not guaranteed.

If the appeal is dismissed and the stay is lifted, the landlord may resume lawful enforcement of the eviction order, subject to the wording of the Court’s order and any remaining procedural requirements.

Can the Eviction Order Expire While It Is Under Appeal?

An LTB eviction order ordinarily expires if it is not filed with the Court Enforcement Office within six months after it takes effect.

However, the LTB’s current guidance states that this six-month period does not continue running while the order is subject to a stay arising from an appeal, review request or certain other LTB proceedings.

Landlords should nevertheless confirm all enforcement dates after an appeal ends. Delaying enforcement after the stay is lifted may create avoidable procedural problems.

How Long Does an LTB Appeal Take?

There is no single timeline for every LTB appeal. The duration may depend on:

·      Whether a transcript is required;

·      How quickly the tenant orders and prepares the transcript;

·      Whether either party brings a motion;

·      Whether the Court establishes a case-management timetable;

·      The complexity of the legal issues; and

·      Court scheduling availability.

An appeal can significantly delay the eviction process. A landlord may be able to reduce that delay by promptly responding, seeking case-management directions and, where justified, asking the Court to lift the stay.

Can a Tenant Appeal Simply to Delay an Eviction?

A tenant has the right to appeal a genuine question of law, but an appeal should not be used solely to delay enforcement.

Where the Notice of Appeal does not disclose a legitimate legal issue, the landlord may consider asking the Court to quash the appeal and lift the stay. Evidence of unpaid ongoing rent, failure to obtain a transcript or failure to advance the proceeding may also support court intervention.

The landlord must still follow the legal process. The perceived weakness of an appeal does not authorize self-help eviction.

How Can a Landlord Paralegal Help?

An experienced landlord paralegal can assist before and during the LTB stage by:

·      Preparing a legally sound eviction application;

·      Ensuring notices and documents are properly served;

·      Organizing evidence for the LTB hearing;

·      Presenting the landlord’s case;

·      Reviewing the LTB order;

·      Distinguishing an amendment, review request and court appeal; and

·      Preserving an accurate record for possible further proceedings.

Careful preparation at the LTB hearing is particularly important because an appeal is generally based on the existing hearing record and alleged errors of law.

Responding When a Tenant Appeals an LTB Decision

When a tenant appeals an LTB decision, the landlord should act quickly but carefully. The most important immediate questions are whether the appeal was properly commenced, whether the eviction order is stayed and whether the tenant is continuing to pay rent.

A landlord should never enforce a stayed order personally. Instead, the appropriate response may include defending the appeal, asking for payment conditions, seeking to lift the stay or requesting that an appeal without a valid legal basis be quashed.

Landlord First LLP assists Ontario landlords with LTB proceedings and works with landlords to respond strategically when tenants challenge eviction orders. Contact our office to speak with a landlord paralegal about your LTB matter and the next legal steps.

Frequently Asked Questions

Can a tenant appeal an LTB eviction order in Ontario?

Yes. A tenant affected by an LTB order may appeal to the Divisional Court within 30 days after being given the order, but only on a question of law. Disagreement with the adjudicator’s factual findings is not necessarily a valid ground of appeal.

Can the Sheriff evict a tenant while an LTB appeal is pending?

Not while the eviction provision is subject to an automatic stay. Delivery of the Notice of Appeal stays the eviction order until the appeal is resolved or the Court lifts the stay. The landlord cannot personally enforce the eviction.

Does a tenant have to pay rent while appealing an LTB decision?

The appeal does not eliminate the tenant’s obligation to pay rent. The Divisional Court may require payment of ongoing rent or arrears as a condition associated with the stay. Non-payment may support a landlord’s request to lift the stay.

Can a landlord have a tenant’s LTB appeal dismissed?

A landlord may ask the Divisional Court to quash an appeal that does not raise a valid question of law or is not being pursued properly. The landlord may also seek to lift the stay, including where the tenant fails to pay rent or advance the appeal diligently.

What is the difference between an LTB review and an appeal?

An LTB review asks the Board to reconsider its own order because of a serious error or an inability to participate in the proceeding. An appeal is brought before the Divisional Court and is limited to a question of law. Different deadlines, procedures and rules apply to each process.

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