Landlord and Tenant Issues

What can you do if you disagree with a Landlord and Tenant Board order?

Last updated October 7, 2026.

If you disagree with a Landlord and Tenant Board (LTB) order, you can usually ask the Board to review it, but only on specific grounds, and for orders issued on or after July 1, 2026 the request is due within 15 days (Residential Tenancies Act, 2006, s. 209(3)). Orders made without a hearing can be challenged by a motion to set aside within 10 days. An appeal to the Divisional Court is limited to questions of law and must start within 30 days (s. 210).

The Board will not change an order just because you dislike the result. Picking the right tool, and acting inside its deadline, matters more than anything else. For help with Board matters generally, see our page on landlord and tenant cases in Ontario.

Which tool fits your situation?

Ways to challenge or fix an LTB order in Ontario (October 2026)
Tool	Use it when	Deadline	Fee	Can a paralegal act?
Request to amend	A clerical error, such as a misspelled name or a calculation error	30 days (Rule 24.1)	None	Yes
Request for written reasons	The order has no reasons and you need them	30 days, or ask at the hearing (Rule 22.2)	None stated	Yes
Motion to set aside an ex parte order	An eviction order made without a hearing on an L3 or L4	10 days (s. 77(6), s. 78(9))	None	Yes
Motion to void an arrears eviction order	You have paid everything owed under an L1 order	Set out in the order and the Act	None	Yes
Request to re-open	A mediated settlement or s. 206 payment order was broken or obtained unfairly	One year for mediated settlements (Rule 13.12); 30 days for coercion under s. 206(5)	None	Yes
Request to review	A serious error, inability to participate, or new evidence	15 days for orders issued on or after July 1, 2026 (s. 209(3)); 30 days for earlier orders	$58	Yes
Appeal	A question of law	30 days after being given the order (s. 210(1))	Set by the court	No; the Divisional Court needs a lawyer

How does a request to review work, step by step?

Check the date on the order. If it was issued on or after July 1, 2026, you have 15 days (s. 209(3); Rule 26.5). Orders issued before July 1, 2026 keep the old 30-day limit (Rule 26.4). The LTB's operational update confirms the change took effect July 1, 2026.
Identify your ground. Under O. Reg. 178/26, the Board can review an order on request only if one of three circumstances applies: you were a party but not reasonably able to participate for a listed reason; the order is the result of a listed serious error; or you have new evidence that was not before the Board, could not have been obtained earlier, and would likely have changed the result.
Prepare the request. Rule 26.8 requires the order number, the unit address, your contact details, the ground relied on, enough information to support a preliminary finding, how the order should be changed, and information about any appeal. Rule 26.7 limits the request to 10 double-spaced pages in at least 12-point font, not counting the form and evidence.
Ask for a stay if you need one. If you want the order put on hold, for example an eviction, say so and explain the harm if it is not stayed (Rules 26.8 and 26.10).
File and pay $58. If you are late, file a request to extend time with your review request and explain the delay (Rules 16.2 and 26.6).
Preliminary review. An adjudicator reads the request and may dismiss it, extend time, or direct a review hearing and make interim orders such as a stay (Rule 26.9).
Review hearing and re-hearing. If the review is granted, the re-hearing usually begins immediately, so come ready to argue the case again (Rule 26.16). The Board may then confirm, vary, suspend or cancel the order (Rule 26.17).
Deliver any stay to the Sheriff. The party who obtained a stay of an eviction order must take a copy to the Court Enforcement Office right away (Rule 25.3).

What counts as a serious error or a valid reason?

Section 1 of O. Reg. 178/26, which LTB Interpretation Guideline 8 says came into force on July 1, 2026, limits the serious errors to four kinds: the Board acted outside its jurisdiction or committed a material breach of procedural fairness; it made an error of law, fact or mixed fact and law; it ordered a remedy significantly outside the usual and proportionate range; or the terms of the order are unenforceable.

The reasons a party may not have been reasonably able to participate are also listed: no adequate notice of the hearing or the issues; the Board contributed to the problem; another party misled you; a serious emergency such as serious illness, injury, hospitalization or the death of an immediate family member; incarceration or incapacity; or a natural disaster. Guideline 8 says the onus is on you, medical reasons should come with supporting evidence, and older Divisional Court decisions on this ground may no longer apply.

What changes the answer?

Whether there was a hearing. An order made without a hearing on an L3 (tenant's notice or N11 agreement) or an L4 (broken settlement or order) is challenged by a motion to set aside within 10 days, not a review. Filing the motion stays the order (s. 77(7), s. 78(10)). Since September 21, 2026, the Board may set aside an L3 order only if doing so would not be unfair, and it cannot consider changes in your circumstances after the agreement or notice. See our guide on N11 agreements to end a tenancy.
Whether the order was made on consent. Guideline 8 quotes the Divisional Court's view that parties should not easily be able to revisit orders made on consent. A mediated settlement is not an order at all and has its own re-opening process; our guide on mediation at the Board explains it.
Whether the issue is law or facts. A Divisional Court appeal is only on a question of law (s. 210(1)). Disagreements about facts or credibility belong, if anywhere, in a review request, and Guideline 8 notes that a review is not granted just because a reviewer would have weighed the facts differently.
Whether you have already asked once. The Board will not consider a second request from the same party to review the same order, or to review the review order (Rule 26.18).
Whether an eviction is imminent. A stay is what keeps the Sheriff away. Guideline 8 says the Board orders a stay when a party would suffer harm that cannot be undone, and may attach conditions, such as paying arrears into the Board.
Whether the order is about money. A payment order can be filed with the Small Claims Court for enforcement, according to the LTB. Challenging it follows the same routes above.

What does an appeal to the Divisional Court involve?

Any person 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 (s. 210(1)). The court can affirm, cancel, amend or replace the order, or send it back to the Board (s. 210(4)). Under section 25 of the Statutory Powers Procedure Act, an appeal generally operates as a stay unless the Board or the court orders otherwise, and the LTB says either can lift that stay on request.

The Divisional Court is part of the Superior Court of Justice. Law Society of Ontario By-Law 4 lets licensed paralegals represent parties before tribunals such as the LTB, but not in the Divisional Court. That step is in the Divisional Court, where you would need a lawyer. A paralegal can still help you with a review request, a set-aside motion or a re-hearing, because those steps take place at the Board.

For example, how might a tenant who missed a hearing respond?

For example, imagine a Hamilton tenant named Omar who was in hospital after a car accident on the day of his L1 hearing. The Board heard the case without him and issued an eviction order on October 1, 2026. He finds the order in his mail on October 9.

Because the order was issued after July 1, 2026, Omar has until October 16 to request a review. He gathers a hospital discharge note showing the dates of his stay, writes a short explanation that he intended to attend and had prepared for the hearing, and sets out what he would have argued: that he had paid part of the arrears and wanted a payment plan. He asks for a stay, because the eviction order could be filed with the Sheriff before the review is decided, and pays the $58 fee.

At the preliminary review, an adjudicator would consider whether a serious illness or hospitalization kept him from participating, a reason listed in O. Reg. 178/26. If the review is granted, the re-hearing could start right away, so Omar brings his rent receipts and a realistic payment proposal. If the stay is granted, he must take it to the Court Enforcement Office immediately. Nothing about the outcome is certain. This example is hypothetical.

What are the most common mistakes?

Relying on the old 30-day deadline. For orders issued on or after July 1, 2026, it is 15 days. Some older LTB material still mentions 30 days; the Act and the current Rules control.
Asking for a second hearing because you disagree. A review is not a chance to have the matter heard again. You need one of the listed grounds.
Forgetting the stay. Without a stay, an eviction order can be enforced while your request waits. Ask for it in writing and take any stay order to the Sheriff.
Filing a review when a set-aside motion was the right tool. L3 and L4 orders made without a hearing have their own 10-day motion, with no fee and an automatic stay.
Arriving unprepared for the re-hearing. If the review is granted, the case may be heard again on the spot.
Appealing on facts. The Divisional Court hears only questions of law under section 210.

What to do this week

Find the issue date printed on the order and count 15 days for a review, or 10 days for a set-aside motion.
Decide which tool fits, using the table above.
If the order has no reasons, request written reasons right away (Rule 22.2).
Collect evidence for your ground: notices, medical records, new documents, or the hearing recording.
Write a short, specific explanation of the error and how the order should change.
Ask for a stay if eviction or payment is imminent, and plan to deliver any stay to the Court Enforcement Office.
If a question of law is involved, speak to a lawyer promptly about the 30-day appeal period.

Frequently asked questions

Can I get more time to request a review?

Yes, possibly. Section 209(3) lets the Board extend the time when it considers that just and appropriate, and you must file the extension request with your review request and explain the delay (Rules 16.2 and 26.6). Factors include the length of and reason for the delay and any prejudice to the other side (Rule 16.4).

Does filing a review stop an eviction?

Not automatically. You must ask for a stay and explain the harm you would suffer without it. In contrast, a motion to set aside an ex parte order, filed on time, stays the order by law.

Who decides the review?

Any Member can be assigned, including the one who made the original order (Rule 26.13). Review hearings may be held by video, in writing or in person (Rule 26.12).

Can a landlord ask for a review too?

Yes. Any party, and anyone directly affected by a final order, may request a review (Rule 26.1). The same grounds and deadlines apply to landlords and tenants.

What if my landlord evicted me for their own use and never moved in?

That is not a review question. It is a separate application about bad faith; see our guide on bad faith evictions and the T5 application.

How long does an eviction take after the order?

An eviction order must be filed with the Sheriff within six months of taking effect or it expires (s. 81). For the full timeline, read how long an eviction takes in Ontario. If your order came from an N5 case, see our guide to the N5 notice and its seven-day correction period.

Can a Hamilton paralegal help with a review?

Yes. Reviews, set-aside motions and re-hearings all take place at the LTB, where licensed paralegals can act. Our page on Landlord and Tenant Board cases for Hamilton rentals covers local details, and Carson Frankum, a licensed paralegal in Hamilton, can review your order with you.

Challenging an order is easier when the earlier steps were handled well. Tenants can start with responding to an eviction notice in Ontario. Landlords facing a review of an arrears order can revisit the legal steps for evicting for non-payment of rent.

Sources

Facing a landlord-tenant issue? Contact us today for assistance.

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.