To appeal an eviction decision made by the Residential Tenancies Tribunal (RTT) in New Brunswick, you must file an application with the Court of King’s Bench. You only have exactly 7 days from receiving the RTT decision to file your appeal, and it must be based on an “error of law,” not simply because you disagree with the outcome.
Facing a sudden eviction order is incredibly overwhelming. Whether you are living in a downtown apartment in Moncton, a family home in Fredericton, or a historic flat in Saint John, losing your housing creates a massive disruption to your life.
If you recently attended a hearing with the New Brunswick Residential Tenancies Tribunal (RTT) and received an unfavourable ruling, you might wonder if you have any options left. The good news is that you can appeal the decision. However, the appeal process involves the formal court system, requiring strict attention to rules and deadlines. 📍
Step-by-Step Process in New Brunswick
Appealing an RTT decision is not a “do-over” of your original hearing. The higher court will only look at whether the RTT Officer made a severe legal mistake. Here is how the process generally unfolds.
Step 1: Identifying a Valid Reason for Appeal
You cannot appeal an eviction just because it creates a financial hardship. To have a valid case, you must prove that the RTT Officer made an “error of law” or an “error of jurisdiction.”
An error of law means the Officer ignored a specific section of the Residential Tenancies Act or misinterpreted a legal statute. An error of jurisdiction means they made a ruling on something they do not legally have the power to decide. Consulting a local law firm early on can help you determine if your case qualifies.
Step 2: Filing at the Court of King’s Bench
If you have valid grounds, you must prepare a formal Notice of Application. This document must be filed at the local Court of King’s Bench in your region (for example, at the courthouse in Bathurst, Miramichi, or Saint John). 📝
You must file this paperwork within exactly 7 days of receiving the RTT’s written decision. Missing this deadline by even one day generally means the court will refuse to hear your case, and the eviction will proceed.
Step 3: Requesting a Stay of Proceedings
Filing an appeal does not automatically stop the Sheriff from enforcing the eviction. To remain in your home while the court reviews your case, you must formally ask the judge for a “Stay of Proceedings.”
A stay temporarily pauses the eviction order. Judges generally only grant this if you can prove that you will suffer “irreparable harm” if evicted, and that your appeal has a strong chance of succeeding. You must also continue paying your monthly rent during this waiting period.
Step 4: The Court Hearing
During the appeal hearing, a judge at the Court of King’s Bench will review the evidence presented at the original RTT hearing. You will not usually be allowed to introduce new evidence or call new witnesses. 💼
The judge will listen to arguments from you (or your lawyer) and your landlord. If the judge agrees that the RTT made a legal error, they can overturn the eviction order or send the case back to the RTT for a new hearing.
How Much Does it Cost in New Brunswick?
Moving a dispute from the RTT to the formal court system introduces new financial costs. As of April 2026, here is what you can generally expect to pay.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Court Filing Fee | $75 – $150 | The mandatory fee paid to the Court of King’s Bench to start the appeal process. |
| Lawyer Consultation | $200 – $400 | Initial meeting with a corporate or civil lawyer to assess if you have an “error of law.” |
| Full Legal Representation | $2,000 – $5,000+ | Hiring a law firm to draft the complex court documents and argue on your behalf. |
| Court Costs (if you lose) | Varies | If the judge denies your appeal, you may be ordered to pay a portion of your landlord’s legal fees. |
- Legal Aid: If you have a low income, you might qualify for assistance through New Brunswick Legal Aid Services. Contact them immediately to see if they handle residential tenancy appeals.
- Transcript Fees: You may need to pay an authorized transcriptionist to type out the audio recording of your original RTT hearing for the judge to read.
How Long Does the Process Take?
The timeline for an appeal involves extremely tight initial deadlines followed by a potentially long wait for court availability.
You have only 7 days from the RTT decision to file your paperwork. Once filed, getting a date in front of a Court of King’s Bench judge can take anywhere from 3 to 8 weeks, depending on how busy the local courthouse is. If the judge grants a stay of proceedings, you can remain in your unit during these months. Once the hearing takes place, the judge will typically issue their final, legally binding decision within a few weeks.
Frequently Asked Questions (FAQ)
Do I have to hire a lawyer to appeal an eviction?
No, you have the right to represent yourself in the Court of King’s Bench. However, because appeals must be argued based on complex “errors of law,” having an experienced lawyer drastically improves your chances of success.
What happens if I miss the 7-day deadline?
If you miss the 7-day window, the RTT eviction order becomes final and binding. The provincial Sheriff will have the legal authority to come and execute the eviction, and the court will generally refuse to hear your case.
Can the RTT just change its own mind?
No. Once a Residential Tenancies Officer issues a final written decision, they do not have the power to simply change their mind or re-open the case because you ask them to. Only the Court of King’s Bench can overturn it.
Will my landlord know I am appealing?
Yes. As part of the legal process, you must formally “serve” a copy of your Notice of Application to your landlord and to the RTT. They will have the opportunity to hire their own lawyer to fight your appeal in court.
Can I stop paying rent during the appeal?
Absolutely not. If you are granted a stay of proceedings to stay in the unit, you must continue to pay your rent in full on the first of the month. Failing to pay rent gives the landlord fresh grounds to evict you immediately.
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