How to Appeal an LTB Order to the Divisional Court

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What can actually be appealed to the Divisional Court
Step 1: Confirm your appeal deadline immediately
Step 2: Identify the question of law
Step 3: File the Notice of Appeal and required documents
Step 4: Consider whether to request a stay of the order
Step 5: Perfect the appeal
What happens after you file
Common mistakes that derail an appeal

What can actually be appealed to the Divisional Court

An appeal to the Divisional Court from an LTB order is generally limited to a "question of law," not a general disagreement with how a Board member weighed the evidence or decided the facts. This is a significant limitation that catches many tenants off guard — in most cases, believing the member got the facts wrong, or should have believed your version of events over the landlord's, is generally not enough on its own to support an appeal.

A question of law generally involves something like the LTB misinterpreting or misapplying the Residential Tenancies Act, 2006 (RTA), applying the wrong legal test, or failing to follow a legal requirement of procedural fairness. Our guide on appealing to the Divisional Court: what counts as a question of law explains this distinction in much greater depth, and it is worth reading closely before deciding whether an appeal is realistic in your situation.

Key point

Disagreeing with the outcome, or believing the member made the wrong factual finding, is generally not sufficient grounds for a Divisional Court appeal. The appeal generally needs to identify a specific error of law in how the LTB applied or interpreted the legislation.

Step 1: Confirm your appeal deadline immediately

The deadline to appeal an LTB order to the Divisional Court is generally short and strictly applied, so this is usually the first thing to confirm once you've decided to consider an appeal.

Locate the date the LTB order was issued, which generally starts the clock running.
Confirm the applicable deadline — generally 30 days from the date of the order — for filing a Notice of Appeal.
If you are also considering a request to review the order with the LTB itself (a different, separate process), understand that this does not necessarily pause the Divisional Court appeal deadline, so both timelines may need to be tracked at once.
If the deadline is close, prioritize getting legal advice immediately, since missing it can foreclose the option of an appeal entirely absent a court granting an extension, which is not guaranteed.

Step 2: Identify the question of law

Before filing anything, it generally helps enormously to be able to state, in a sentence or two, exactly what legal error you believe the LTB made.

Reread the written order and any reasons given carefully, looking specifically at how the member described and applied the legal test for the issue in question.
Identify whether the member appears to have misstated the law, applied the wrong section of the RTA, or failed to consider a legal requirement that should have applied.
Separate factual disagreements (how the evidence was weighed) from legal ones (whether the correct legal rule was applied), since only the latter generally supports an appeal.
If you're unsure whether your concern is a question of law, this is generally the point where speaking with a lawyer or paralegal experienced in LTB appeals is most valuable, since misjudging this at the outset can doom an appeal regardless of how carefully the later paperwork is done.

Common misconception

Some tenants assume that any outcome they feel was "unfair" can be appealed. In most cases, the Divisional Court's role is narrow — it is generally not a second chance to re-argue the facts, and an appeal limited to disagreeing with credibility findings is unlikely to succeed.

Step 3: File the Notice of Appeal and required documents

Once you've confirmed the deadline and identified a genuine question of law, the next step is generally filing the formal Notice of Appeal with the Divisional Court.

Complete the Notice of Appeal form, clearly identifying the LTB order being appealed and the question(s) of law raised.
File the Notice of Appeal with the Divisional Court registry in the appropriate region, along with the applicable filing fee.
Serve copies of the Notice of Appeal on the other party (and generally on the LTB itself, as it may be named as a respondent in some appeals) within the required timeframe.
Keep proof of filing and service, since these will generally be needed to confirm the appeal was properly started.

Step 4: Consider whether to request a stay of the order

Filing an appeal generally does not automatically pause or "stay" the LTB's order — for example, an eviction order can generally still be enforced while an appeal is pending unless a stay is specifically granted.

If the order being appealed would have an immediate effect you want to delay — most commonly an eviction — consider bringing a motion for a stay of the order pending the appeal.
Be prepared to explain to the court why a stay is appropriate, which generally involves showing the appeal has some merit and that real harm would result without a stay.
Understand that a stay is not automatic or guaranteed, and the court generally weighs the interests of both sides before deciding.

Step 5: Perfect the appeal

Filing the initial Notice of Appeal is generally only the first stage — an appeal then generally needs to be "perfected" by assembling the formal record and written arguments within further deadlines.

Order the transcript of the LTB hearing (or confirm what record is available) if needed to support the appeal.
Prepare the appeal record, generally including the LTB's order, reasons, and relevant documents from the file below.
Prepare a factum or written argument setting out your position on the question(s) of law, following the Divisional Court's procedural requirements.
File and serve these materials within the deadlines set by the court's rules or any scheduling order, since missing these steps can also put the appeal at risk even after it has technically been started.

Given the procedural complexity at this stage, retaining a lawyer, even if only to assist with perfecting the appeal, is generally strongly advisable.

What happens after you file

Once the appeal is filed and perfected, it generally proceeds to a hearing before one or more judges of the Divisional Court, who will review the question(s) of law raised and the LTB's record. The court generally has a range of options available, including dismissing the appeal, allowing it and sending the matter back to the LTB for a new hearing, or, in some cases, substituting its own decision. This process generally takes significantly longer than the original LTB proceeding, often many months.

Throughout this period, it's important to stay aware of what, if anything, remains enforceable from the original LTB order, particularly if no stay was granted — our LTB orders and enforcement guide explains how enforcement of the underlying order generally works in the meantime.

Common mistakes that derail an appeal

Several recurring issues tend to undermine Divisional Court appeals from LTB orders.

Missing the 30-day filing deadline, often because of confusion about when it starts to run.
Framing the appeal around a factual disagreement rather than a genuine question of law.
Assuming the order is automatically paused by filing an appeal, without requesting a stay when the situation calls for one.
Underestimating the procedural work involved in perfecting an appeal, including transcripts and a written factum.
Waiting too long after receiving the order to seek legal advice, which leaves little time to properly assess whether a genuine question of law exists.

This article provides general information about Ontario landlord and tenant law. It is not legal advice. For advice about a specific situation, consult a licensed paralegal or lawyer, or contact the Landlord and Tenant Board.

Frequently Asked Questions

What is the deadline to appeal an LTB order to the Divisional Court?

Generally 30 days from the date the order was issued, though this is worth confirming against the specific order, since extensions are not guaranteed and are granted only in limited circumstances.

Can I appeal just because I disagree with the LTB's decision?

Generally, no. An appeal is limited to a question of law, so disagreeing with how the facts were decided is usually not enough on its own to support an appeal.

What counts as a "question of law" for this kind of appeal?

Generally, something like the LTB misinterpreting the RTA, applying the wrong legal test, or failing a requirement of procedural fairness, rather than a dispute about which witness was more believable.

Does filing an appeal stop an eviction from happening?

Not automatically. A separate request for a stay of the order is generally needed to pause enforcement while the appeal is pending, and a stay is not guaranteed to be granted.

Do I need a lawyer to appeal to the Divisional Court?

It is not strictly required, but given the procedural complexity and the narrow legal standard involved, retaining a lawyer or paralegal is generally strongly advisable for this type of appeal.

How long does a Divisional Court appeal generally take?

This varies considerably, but the process generally takes significantly longer than the original LTB proceeding, often extending many months once transcripts, the record, and written arguments are factored in.

What can the Divisional Court actually do if it agrees with my appeal?

Generally, the court can send the matter back to the LTB for a new hearing, or in some cases substitute its own decision, depending on the nature of the legal error found.

Can I also ask the LTB to review its own order instead of appealing?

Yes, a request to review is a separate, generally faster process available in narrower circumstances, and in some cases it may be more appropriate than an appeal, depending on the nature of the concern.

What is a transcript and do I always need one?

A transcript is generally a written record of what was said at the LTB hearing. It is often needed to support an appeal, particularly where the question of law relates to how the hearing itself was conducted, though its necessity depends on the specific grounds raised.

What happens if I miss the 30-day deadline?

In most cases, missing the deadline closes off the appeal unless the court grants an extension of time, which is generally only allowed in limited circumstances and is not something to rely on.