An unfavourable Landlord and Tenant Board (LTB) order can feel final the moment it lands in your inbox. In Ontario, it usually is not—at least not immediately. Parties who disagree with a decision generally have two statutory pathways to push back: ask the LTB to review its own order, or appeal to the Divisional Court. Those routes look similar from the outside, but they operate under different rules, timelines, and odds of success.
Choosing the wrong one—or missing a deadline—can close a door you did not know you had. This guide compares review and appeal in plain language so landlords and tenants can decide what fits their situation. It is general information, not legal advice.
For a third option when neither path reaches your issue, see our guide on judicial review after Yatar. For deep analysis of when Divisional Court appeals succeed or fail, see challenging LTB decisions at Divisional Court.
Two Doors, Different Keys
Think of LTB review as an internal quality check. The Board re-examines its own work when something may have gone seriously wrong—or when a party could not reasonably take part in the hearing.
A Divisional Court appeal is different. The court does not rehear your tenancy dispute from scratch. It asks a narrower question: did the LTB misapply the law or breach procedural fairness?
| Factor | LTB review | Divisional Court appeal (s. 210 RTA) |
|---|---|---|
| Where it goes | Back to Tribunals Ontario / LTB | Ontario Superior Court of Justice, Divisional Court |
| What you can challenge | Serious error, inability to participate reasonably, certain new evidence | Questions of law; procedural fairness as a legal issue |
| Factual disputes | May be reconsidered if error is material | Generally not appealable |
| Typical deadline | 30 days from order (see Bill 60 below) | 30 days from order (clock may shift after review) |
| Automatic stay on filing | No—stay is discretionary if review is granted | Yes—appeal typically stays enforcement while pending |
| Who can represent you | Self-represented, paralegal, or lawyer | Lawyer only (paralegals cannot appear in Divisional Court) |
| Cost & complexity | Lower; faster | Higher; more formal |
Neither path is a "second chance" to present your case better. Disagreeing with the outcome, or wishing you had called different witnesses, is usually not enough.
LTB Internal Review: When the Board Reconsiders Itself
Under Guideline 8 – Review of an Order, the LTB may review a final order—or an interim order that finally decides a party's rights (such as terminating a tenancy). Review is discretionary. There is no automatic right to a new hearing.
Who can request review
- Any party to the order
- A third party directly affected by the order (for example, a co-owner not named in the application)
- Each party may generally file only one review request per order
Grounds the Board considers
Guideline 8 lists "serious error" categories, including:
- Jurisdiction — the LTB applied the wrong law or exceeded its powers
- Procedural fairness — natural justice problems in how the hearing ran
- Unreasonable findings of fact on a material issue that could change the result
- New evidence unavailable at the original hearing and potentially determinative
- Errors of law — though the Board is cautious about revisiting RTA interpretation unless clearly wrong
- Unreasonable exercise of discretion with outcomes outside the usual range
The Board may also review when a party was not reasonably able to participate in the proceeding—missed service, hospitalization, a genuine belief the matter was settled, or similar circumstances supported by detail and evidence.
A review is not an opportunity to fix a weak presentation. As the LTB has stated in review decisions, the process exists to correct serious mistakes—not to let parties run a better case than they did the first time (TSL-51694-14-IN-RV (Re), 2015 CanLII 23959 (ON LTB)).
How review works in practice
Review has two stages:
- Preliminary review — A senior adjudicator screens the request. Many requests are denied here if they only say "the order is wrong" without specifics.
- Review hearing — If the request passes screening, the parties attend. The member may dismiss the review or order a re-hearing, sometimes the same day.
If review is granted, the LTB may issue a stay suspending enforcement (for example, eviction) while the process continues. If review is denied, the original order generally remains enforceable and you cannot file a second review on the same order for the same reasons.
File using the Request to Review an Order form through the Tribunals Ontario portal. Steps to Justice walks through practical steps for tenants.
Bill 60 and the shrinking review window
Ontario's Fighting Delays, Building Faster Act, 2025 (Bill 60) amended the Residential Tenancies Act, 2006 to shorten the review period. New subsection 209(3) requires a review request within 15 days of issuance, unless the Board considers it "just and appropriate" to extend time.
As of early 2026, Tribunals Ontario's published instructions still reference a 30-day review deadline in places—check the current form and Tribunals Ontario guidance before you file. If Bill 60's 15-day rule is in force when you read this, treat the shorter window as the default and seek an extension only with strong reasons.
Divisional Court Appeal: Law Only, Higher Bar
Section 210 of the RTA allows any person affected by an LTB order to appeal to the Divisional Court within 30 days after being given the order—but only on a question of law.
What counts as a question of law
Appealable issues often include:
- Misinterpretation of RTA provisions or regulations
- Applying the wrong legal test (for example, N12 good-faith requirements)
- Jurisdictional mistakes
- Procedural fairness violations framed as legal errors—rooted in constitutional principles (Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817)
What courts will not revisit
Divisional Court generally will not:
- Re-weigh witness credibility
- Substitute its view of the facts for the LTB's
- Overturn discretionary outcomes (such as section 83 relief from eviction) simply because the judge would have ruled differently
Courts have dismissed appeals where parties were really attacking factual findings dressed up as legal errors—see commentary in LaFontaine-type disputes over whether a tenant had exclusive kitchen facilities.
Filing an appeal
Commence with Form 61A.1 (Notice of Appeal) and Form 61C (Appellant's Certificate Respecting Evidence). Serve the notice on other parties; file at your local Superior Court office or through Justice Services Ontario.
Unlike review, filing a section 210 appeal typically triggers an automatic stay of the LTB order until the appeal concludes—critical for eviction orders. Request a Certificate of Stay for the Sheriff or Small Claims Court if enforcement is imminent.
Paralegals cannot represent you in Divisional Court. Only a licensed lawyer (or self-representation) may appear. Paralegals may still assist with LTB review preparation, but court appeals require counsel admitted to the Superior Court.
Review First, Appeal Second—Usually
Strategically, most parties should start with LTB review when grounds fit Guideline 8:
- Review is faster and less expensive
- The Board can correct factual and discretionary errors appeal courts cannot touch
- You may retain a paralegal for review work
If review fails—or your issue is purely legal—consider a section 210 appeal.
You do not have to seek review before appealing; you may go straight to Divisional Court within 30 days. But skipping review means giving up the Board's broader error jurisdiction and paying court costs sooner.
The Daly rule: when the 30-day appeal clock starts
A common fear is that filing for review forces you to appeal within 30 days of the original order while review is still pending. 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 during a pending review would defeat the purpose of internal reconsideration.
Practical takeaway: if you file for review, calendar your appeal deadline from the date the LTB issues its review decision—not the first order—if you still intend to appeal the underlying merits.
Note: an unsuccessful review appeal is still an appeal of the original LTB order's legal errors, not a challenge to the review member's screening decision (unless that screening itself raises a distinct legal issue).
Stays: Eviction on Hold?
| Situation | Stay effect |
|---|---|
| Review requested, not yet decided | Original order may remain enforceable until review is granted and a stay issued |
| Review granted | LTB may stay the order pending review hearing |
| Appeal filed (s. 210) | Automatic stay in most cases; obtain Certificate of Stay for enforcement offices |
| Appeal pending + review requested | Appeal stay generally blocks LTB review unless the Board lifts the appeal stay |
If you need time to avoid eviction, the automatic appeal stay is often the stronger immediate tool—when you have viable legal grounds and can retain counsel.
Which Path Fits Your Problem?
Use this decision framework:
Start with LTB review if:
- You missed the hearing for reasons beyond negligence (service failure, medical emergency, incarceration)
- The member made a factual finding that contradicts undisputed evidence
- New documents existed but were genuinely unavailable at the hearing
- The order reflects a procedural defect (wrong notice period calculation, denial of adjournment without fairness analysis)
- You want faster resolution at lower cost with paralegal help
Consider Divisional Court appeal if:
- The LTB misapplied a statutory provision or legal test
- Jurisdiction was exceeded
- Procedural fairness was denied in a way you can frame as a legal standard violation
- Review was denied or re-hearing upheld the order, and your complaint remains legal, not factual
Consider judicial review (separate pathway) if:
- Your strongest argument is mixed fact and law or overall unreasonableness after Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
- Section 210 cannot reach the core of your dispute
Costs, Representation, and Realistic Expectations
LTB review filing fees are modest compared to Superior Court litigation. Review hearings may reconvene the same day as the review decision, so preparation must be immediate.
Divisional Court appeals involve record preparation, factums, and often months of delay. Legal fees commonly reach thousands of dollars. Success rates on pure factual grievances are low.
For many routine tenancy disputes, professional help at the first hearing costs less than fixing errors on review or appeal. Our cost-benefit guide to lawyers and paralegals at the LTB breaks down when representation pays off.
Common Mistakes to Avoid
- Treating review as Round 2 — New arguments without showing serious error waste fees and time.
- Appealing facts to Divisional Court — "The member believed the wrong witness" is almost never a question of law.
- Missing the review deadline — Especially if Bill 60's 15-day rule applies in your case.
- Assuming review automatically stops eviction — Request a stay; enforcement can continue if review is denied at screening.
- Hiring a paralegal for Divisional Court — Unlicensed court representation violates Law Society rules; use a lawyer for appeals.
- Forgetting the appeal clock after review — Track 30 days from the review order under Daly.
Bottom Line
LTB review and Divisional Court appeal are complementary, not interchangeable. Review gives the Board room to fix serious mistakes—including many factual and participation issues—that courts will not touch on appeal. Appeal gives superior-court oversight of legal errors and carries an automatic stay landlords and tenants often need in eviction cases.
Map your complaint to the right forum before the deadline passes. If your issue is factual, start at the LTB. If it is legal—and review is exhausted or unsuitable—plan a section 210 appeal with qualified counsel. If the problem sits between fact and law, explore whether Yatar opens judicial review.
Ready for help with your LTB matter or a post-order challenge? Browse licensed professionals in our paralegal directory. Want to see how the Board decides cases like yours in practice? Explore outcomes in our case study library.
Sources consulted: Residential Tenancies Act, 2006, ss. 209–210; LTB Guideline 8 – Review of an Order; Request to Review an Order – Instructions; Daly v. 1916800 Ontario Ltd., 2019 ONSC 6319; Baker v. Canada, [1999] 2 SCR 817; Steps to Justice – Ask the LTB to Review the Order; Bill 60 (Fighting Delays, Building Faster Act, 2025) amendments to RTA s. 209(3).
