How to Appeal an LTB Order to Divisional Court in Ontario: Step-by-Step Filing Guide (2026)

An unfavourable Landlord and Tenant Board (LTB) order is not always the end of the road. Ontario law gives affected parties a right to ask the Divisional Court—a branch of the Superior Court of Justice—to review certain legal errors in Board decisions. That path is formal, expensive, and narrow. It is also time-sensitive: miss a deadline and the order may become final even if you believe the LTB got the law wrong.

This guide walks through how to start and manage a section 210 appeal in practical steps. It focuses on forms, timelines, and court procedure—not on whether your appeal will succeed. That question depends on your facts and the legal errors you can identify. This article is general information, not legal advice.

For a side-by-side comparison of LTB review and Divisional Court appeal, see our review vs. appeal guide. For when appeals succeed or fail in practice, see challenging LTB decisions at Divisional Court. If your issue involves mixed fact and law after the Supreme Court's 2024 Yatar decision, see our judicial review guide.

What a Divisional Court Appeal Is—and Is Not

Under section 210 of the Residential Tenancies Act, 2006 (RTA), 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.

That statutory limit is the single most important concept in LTB appeals. The court is not a second hearing on who was telling the truth, whether the tenant was noisy, or whether the landlord should have granted relief from eviction under section 83. The Divisional Court asks whether the LTB misapplied the law or breached procedural fairness in a way that amounts to a legal error.

Grounds that may qualify

Appealable issues often include:

• Statutory misinterpretation — applying the wrong RTA provision, regulation, or legal test
• Jurisdictional errors — deciding a matter the Board had no authority to hear
• Procedural fairness — denial of a fair hearing, bias, or failure to allow a party to be heard. Courts treat serious procedural fairness defects as questions of law, drawing on constitutional principles established in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817
• Failure to consider mandatory legal factors — for example, ignoring a statutory requirement the member was bound to apply

What generally does not qualify

Courts routinely dismiss appeals where the real complaint is about:

• Factual findings — who did what, whether damage existed, whether a unit was occupied
• Credibility — which witness the member believed
• Discretionary outcomes — how the member exercised discretion under section 83 or chose a remedy within the RTA's range

In Medallion Corporation v. McIlroy, 2023 ONSC 5196, a landlord appealed an LTB noise-abatement order, arguing the member failed to account for the Human Rights Code and section 202 of the RTA. Divisional Court applied the section 210 restriction and dismissed the appeal on the merits, awarding the tenant $6,000 in costs. The case illustrates both the narrow appeal standard and the financial risk of pursuing weak legal grounds.

You also generally cannot introduce new evidence on appeal. The court reviews the record from the LTB proceeding, not a fresh case built after the fact.

Review First, Appeal Directly, or Both?

You have three post-order options at the LTB level before or alongside court:

1. Request to amend — for clerical errors (misspelled names, calculation typos)
2. Request to review — for serious errors, including some factual and participation issues
3. Appeal to Divisional Court — for legal errors only

You do not have to seek LTB review before appealing. You may go straight to Divisional Court within 30 days of the original order if you have viable legal grounds and are ready for Superior Court litigation.

If you do file for review first and it fails, your appeal is still of the original LTB order—not a challenge to the review screening decision itself (unless that screening raises a separate legal issue).

The Daly deadline rule

A common worry is that filing for review eats up your 30-day appeal window. Ontario courts rejected that approach. In Daly v. 1916800 Ontario Ltd., 2019 ONSC 6319, Divisional Court held that where a party sought internal review, the 30-day appeal period runs from the review order, not the original order. Requiring an appeal within 30 days of the first order while review is pending would defeat the purpose of internal reconsideration.

Practical tip: If you file for review, mark your appeal deadline from the date the LTB issues its review decision—not the first order.

Extensions of time are possible but discretionary. Courts have refused late appeals years after the deadline when parties offered no credible explanation—see Daly v. TRP Realty Inc., 2022 ONSC 4502, where a motion to extend time filed more than two years late was dismissed. The RTA's 30-day rule governs appeals; the Limitations Act does not extend it.

Step-by-Step: Starting Your Appeal

The Ontario government's Guide to procedures in Divisional Court appeals and the LTB's Amendments, Reviews and Appeals brochure are the primary references below.

Step 1: Confirm you have appealable grounds

Before spending court fees and legal costs, identify specific legal errors in the LTB order—not general dissatisfaction. Ask:

• Can I point to a statutory provision the member misapplied?
• Is my complaint really about facts or credibility dressed up as law?
• Would LTB review address this faster and more cheaply?

If your strongest arguments are factual or mixed fact-and-law, section 210 may not be your best route. Explore LTB review or, in appropriate cases, judicial review after Yatar.

Step 2: Calendar two deadlines

These are separate steps. Service means formally delivering documents to the other party. Filing means depositing them with the court office. Missing the 10-day filing window after valid service can be treated as abandoning the appeal unless you obtain respondent consent or court permission to extend time (Rule 61.04, Ontario guide Part Two).

If you serve on the 30th day, do so before 4:00 p.m.

Count days under the Rules by excluding the first day and including the last, skipping weekends and statutory holidays.

Step 3: Complete Form 61A.1 (Notice of Appeal)

Download Form 61A.1 from the Ontario Court Forms site. The Notice of Appeal is the originating document and must state:

• Relief sought — what you want the court to do (set aside the order, remit to the LTB, amend the remedy)
• Grounds of appeal — the specific legal errors you rely on
• Basis for jurisdiction — that the appeal is permitted under section 210 of the RTA

Choose your grounds carefully. You generally cannot raise new grounds at the hearing without leave. If you need to add grounds before the appeal is perfected, you may serve and file a Supplementary Notice (Form 61F).

Include the general heading prescribed in Form 61B wherever the form requires it.

Step 4: Complete Form 61C (Appellant's Certificate Respecting Evidence)

Form 61C identifies which portions of the LTB hearing record you need for the appeal—transcripts, exhibits, and other evidence relevant to your legal arguments. Rule 61.05 governs what the certificate must contain.

This form forces you to think early about the record. Appeals are won or lost on whether the LTB's legal reasoning can be shown to be wrong on the materials before the member—not on arguments you wish you had made.

Step 5: Serve the documents

Serve Form 61A.1 and Form 61C on:

• Every respondent — the landlord, tenant, or other party affected by the order
• The Landlord and Tenant Board — section 210(2) requires you to give the Board documents relating to the appeal; the Board may participate through counsel

For the Notice of Appeal specifically, personal service on respondents is typically required. Many appellants use a process server, though that is not mandatory. Other appeal documents may often be served by email once the appeal is underway.

Complete Form 16B (Affidavit of Service) to prove how and when service occurred. The affidavit must be sworn or affirmed before a commissioner—lawyers, paralegals, notaries, and court staff can commission oaths for this purpose, even though paralegals cannot represent you in the appeal itself.

Step 6: File with Divisional Court

File at the Superior Court office in the region where the LTB hearing took place, unless the parties agree otherwise or the Chief Justice orders a different location (Courts of Justice Act, s. 20(1)).

You may file in person or through Justice Services Ontario if you have a My Ontario account.

Submit:

• Notice of Appeal (Form 61A.1)
• Appellant's Certificate (Form 61C)
• Affidavit of Service (Form 16B)
• Filing fee for the Notice of Appeal (payable at filing)

The court assigns a Divisional Court file number. Use it on every subsequent document.

Step 7: Notify enforcement offices about the automatic stay

Filing a section 210 appeal of an eviction order triggers an automatic stay—the LTB order cannot be enforced while the appeal is pending, unless a judge lifts the stay (LTB brochure; Ontario guide on stays).

The stay does not enforce itself. You must notify the LTB and the enforcement office (Sheriff or Small Claims Court, depending on the order) in writing. Request a Certificate of Stay (Form 63A or 63B) and provide it to enforcement staff if eviction or collection is imminent.

This step matters enormously for tenants facing removal dates and landlords trying to understand why enforcement paused.

What Happens After You Start the Appeal

Starting the appeal is only the beginning. You must perfect the appeal by preparing and filing the full appeal record within prescribed timelines.

Order the transcript

If your appeal depends on what was said at the LTB hearing, order a transcript from the tribunal that heard the matter. Within 30 days of filing the Notice of Appeal, obtain and file a Certificate of Ordering a Transcript for Appeal with Divisional Court.

Prepare written materials

Perfection typically requires:

• Appeal Book and Compendium — the documents the court needs to decide the appeal
• Exhibit Book — copies of LTB exhibits relevant to your grounds
• Appellant's Factum — a bound brief summarizing facts, law, and argument
• Book of Authorities — case law and legislation with relevant passages marked

Respondents file responding factums and materials. The court may schedule a case conference before setting a hearing date.

Perfection deadlines

Under the Ontario guide:

• No transcript needed: perfect within 30 days of filing the Notice of Appeal
• Transcript required: perfect within 60 days of notice that the transcript is available

Failure to perfect can delay or end your appeal. This phase is where most self-represented appellants struggle—and where experienced counsel adds the most value.

Possible outcomes

Under section 210(4) of the RTA, Divisional Court may:

• Affirm the LTB order
• Rescind, amend, or replace the order
• Remit the matter to the LTB with the court's opinion for a new hearing

The court may also make costs orders. Unsuccessful appeals can result in the other party recovering legal fees—as in Medallion v. McIlroy, where costs reached thousands of dollars.

Who Can Represent You—and Who Cannot

In Divisional Court, you may represent yourself or retain a lawyer licensed by the Law Society of Ontario. The Ontario guide recommends at minimum seeking legal advice from a lawyer before proceeding.

Paralegals cannot represent clients in Divisional Court appeals, except when working under the direct supervision of a lawyer—and the retainer should be with the lawyer, not the paralegal alone. A paralegal who offers to "handle your Divisional Court appeal" as your representative is exceeding their licence scope.

That restriction does not mean paralegals are useless in your tenancy dispute. Licensed paralegals regularly represent landlords and tenants at the LTB itself—where most cases are won or lost. Strong LTB representation reduces the need for costly appeals. If you are exploring post-order options, a paralegal can often help you evaluate whether LTB review is appropriate, even if court representation requires counsel.

Browse Ontario rental-law professionals at /paralegals. To see how the Board applies the RTA in real disputes, explore decisions in our /case-study library.

Consent Orders: An Extra Hurdle

If the LTB order you want to challenge is a consent order—one the parties agreed to at the hearing—you may need leave (permission) to appeal under section 133(a) of the Courts of Justice Act. Appealing a consent order without leave can result in the appeal being quashed. Confirm whether your order was contested or consented before filing.

Realistic Cost Expectations

Divisional Court appeals are not DIY-friendly despite the right to self-represent. Budget for:

Compare that to LTB review, which carries a $55 filing fee and allows paralegal representation. For many disputes, investing in a strong first hearing—or a well-prepared review—costs less than fixing errors on appeal.

Our lawyer vs. paralegal cost-benefit guide helps weigh representation choices at each stage.

Common Filing Mistakes to Avoid

1. Missing the 10-day filing window after service — Valid service followed by late filing can abandon your appeal.
2. Framing factual disputes as legal errors — "The member applied the wrong law to these facts" may still be a factual appeal in disguise.
3. Forgetting to serve the LTB — The Board is entitled to participate and must receive your appeal documents.
4. Assuming the stay needs no action — Notify the Sheriff or enforcement office; obtain a Certificate of Stay when eviction is at stake.
5. Calendaring from the wrong order date — After an unsuccessful review, count 30 days from the review order under Daly.
6. Hiring a paralegal for court representation — Use a lawyer for the appeal; use a paralegal for LTB-level work where permitted.
7. Raising vague grounds in Form 61A.1 — Specificity at the start limits what you can argue later.

Should You Appeal?

Ask three questions before filing:

1. Is my complaint legal, not factual? If not, LTB review or judicial review may fit better.
2. Can I afford perfection and a possible adverse costs award? Appeals are slow and expensive.
3. Will the automatic stay matter? For pending evictions, the stay alone may justify starting an appeal—but only if you have counsel or capacity to perfect it.

If the answer to the first question is no, spending resources on Divisional Court is usually unwise. If yes, consult a lawyer early—ideally before the 30-day service deadline expires.

Bottom Line

Appealing an LTB order to Divisional Court is a structured, deadline-driven process governed by section 210 of the RTA and the Rules of Civil Procedure. Serve Form 61A.1 and Form 61C within 30 days, file within 10 days of service, notify enforcement offices about the automatic stay on eviction appeals, and prepare to perfect the record with transcripts, factums, and appeal books.

The court's role is narrow: correct legal errors and serious procedural unfairness—not retry your tenancy dispute. Most parties are better served by strong preparation at the LTB hearing or a targeted LTB review. When genuine legal errors remain after those steps, a section 210 appeal with qualified counsel may be the right tool.

Need help before you reach the courthouse? Find licensed paralegals for LTB matters at /paralegals. Research how similar disputes were decided at /case-study.

Sources: Residential Tenancies Act, 2006, s. 210; Tribunals Ontario, Amendments, Reviews and Appeals; Ontario, Guide to procedures in Divisional Court appeals; Daly v. 1916800 Ontario Ltd., 2019 ONSC 6319; Medallion Corporation v. McIlroy, 2023 ONSC 5196.