The Divisional Court, a branch of the Ontario Superior Court of Justice, has statutory jurisdiction to overturn, vary, or remit an LTB order for reconsideration where a legal error has occurred.

The party appealing—referred to as the appellant—must serve and file a complete Notice of Appeal and supporting documents within 30 days of the date the LTB order is issued (not received). In limited circumstances, the Court may extend this deadline.

Important: You are not required to seek a Review from the LTB before filing an appeal. However, if you first request a Review, the 30-day appeal period will restart from the date of the LTB’s Review decision (see Daly v. 1916800 Ontario Ltd., 2019 ONSC 6319).

An appeal to the Divisional Court is not a second hearing or a chance to reargue the case. Appeals are strictly limited to:

1. Questions of Law

Under section 210(1) of the Residential Tenancies Act, 2006 (RTA), “[a]ny person affected by an order of the Board may appeal the order to the Divisional Court within 30 days... but only on a question of law.” This includes errors in legal interpretation, misapplication of legislation, or failure to apply legal principles.

2. Procedural Fairness

Although the RTA does not expressly reference fairness grounds, Canadian administrative law permits courts to intervene where a decision-maker has violated principles of natural justice. 

Examples include:

• No notice of the hearing

• Improper denial of the right to be heard

• Evident bias by the decision-maker

• The Court does not reconsider factual findings or admit new evidence, except in exceptional circumstances.

To begin the appeal process, the appellant must prepare and file:

• Form 61A.1 – Notice of Appeal

• Form 61C – Appellant’s Certificate Respecting Evidence

• Form 16B – Affidavit of Service (confirming proper delivery of appeal documents to the respondent)

The Notice of Appeal must be personally served on the other parties (typically via process server), though most follow-up documents can be served via email.

All documents must then be filed with the local courthouse or submitted online through the Justice Services Online (JSO) Portal, which requires a MyOntario account.

Appeal Review & Advisory Opinion – $350 + HST 

A detailed review of your LTB matter and appeal grounds. We assess whether the legal test for appeal is met and advise on potential outcomes and risks. Required for all applicants.

Appeal Retainer – TO BE DISCUSSED.  

Based on the complexity of your case, we will quote you a personalized retainer, as well as an estimate of the total fees of the appeal.