If the Landlord and Tenant Board (LTB) makes a serious legal error or you miss your hearing due to a genuine emergency, you have exactly 30 days to file a Request to Review. You must also formally request a “Stay” to stop the Sheriff from locking you out while the adjudicator reconsiders your case.
Receiving an Eviction Order from the Landlord and Tenant Board (LTB) can feel like the end of the road. However, the Ontario legal system recognizes that mistakes happen. Sometimes, adjudicators misunderstand the evidence, or a tenant is hospitalized on the day of their virtual hearing and simply cannot attend. 📝
If a severe error occurred, the Residential Tenancies Act (RTA) allows you to ask the LTB to look at your case a second time. This is called a Request to Review. It is not an automatic right to complain just because you are unhappy with the result; you must prove that the process was fundamentally flawed.
This guide will explain the strict grounds required for a review, how to pause your physical eviction during the process, and when hiring a local law firm is your best chance at saving your tenancy.
Step-by-Step Process in Ontario
Whether you rent an apartment in Toronto, a basement in Mississauga, or a townhouse in Hamilton, the LTB sets incredibly strict deadlines for reviews. Missing these deadlines by even one day will usually result in your application being thrown out. 📍
You must act immediately once the written Eviction Order arrives in your mail or email inbox.
Step 1: Identify Valid Grounds for a Review
You cannot request a review simply because you forgot to mention something minor. The LTB will only grant a review if there was a “serious error in law or fact” (for example, the adjudicator applied the wrong section of the RTA) or if you were “not reasonably able to participate in the proceeding.” ❗
If you missed the hearing because you were in a car accident or you never received the Notice of Hearing due to a mail error, you have strong grounds. You must gather hard evidence, like hospital records, to prove your claim.
Step 2: File the Request to Review Form
You must fill out the official “Request to Review an Order” form and submit it through the Tribunals Ontario Portal. You have exactly 30 calendar days from the date the original order was issued to file this paperwork.
In this form, you must explain your argument clearly. Write down exactly what the error was or why you could not attend. Be detailed but concise, as the reviewing adjudicator will read this to decide if you deserve a new hearing.
Step 3: Request a Stay of the Eviction Order
Filing a Request to Review does NOT automatically stop the eviction. You must check the specific box on the form asking the LTB to “Stay” (pause) the order. 💪
If the adjudicator grants the stay, they will issue a temporary Stay Order. You must immediately deliver this Stay Order to the local Court Enforcement Office (the Sheriff). If you do not give this document to the Sheriff, they will still arrive to change your locks.
Step 4: The Preliminary Review and New Hearing
Before a new hearing is scheduled, an adjudicator will read your written request behind closed doors (a preliminary review). If they agree your argument has merit, they will schedule a new hearing date.
At the new hearing, you will finally have the chance to present your full defence against the landlord’s original eviction application. If you win, the original Eviction Order is permanently cancelled.
How Much Does it Cost in Ontario?
Filing a Request to Review comes with a provincial administrative fee. While the fee itself is relatively small, the cost of losing your home is massive, making professional legal help a worthy investment. 💰
Here is a breakdown of the typical costs associated with this process:
| Action / Service | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Request to Review Filing Fee | $58 (Online Portal) | Tenant (Fee waiver available) |
| Request for an Extension of Time | $0 (Included in form) | No extra fee |
| Sheriff Enforcement Fee (If not stayed) | Approx. $315+ | Added to Tenant’s debt |
| Lawyer or Paralegal Representation | $1,500 – $3,500+ Flat Fee | Tenant pays out of pocket |
If your primary source of income is Ontario Works (OW) or the Ontario Disability Support Program (ODSP), you can submit a Fee Waiver Request to have the $58 filing fee completely waived.
How Long Does the Process Take?
The timeline to act is extremely short. You must file your Request to Review within 30 days of the date the LTB issued the written order. ⏱
Once you file, the LTB typically conducts the preliminary review quite fast, often within 1 to 3 weeks, because an active eviction is pending.
If the adjudicator grants your request and issues a stay, you will then join the LTB backlog for your new hearing. Due to current delays in Ontario, it could take anywhere from 4 to 8 months for your new virtual hearing to take place. You are legally allowed to stay in your home during this entire waiting period, provided you continue to pay your regular rent.
Frequently Asked Questions (FAQ)
What if I missed the 30-day deadline?
You can still file the form, but you must include a “Request to Extend or Shorten Time.” You will have to provide an incredibly good reason for missing the 30-day deadline, such as being hospitalized for two months. Extensions are rarely granted without severe, documented medical or emergency reasons.
Can I submit new evidence during a Request to Review?
Generally, the LTB will not accept new evidence that you simply forgot to bring to the first hearing. You can only introduce new evidence if you can prove that it was “not reasonably available” at the time of the original hearing (for example, a newly discovered municipal inspection report).
What happens if the adjudicator denies my review?
If the adjudicator reads your request during the preliminary stage and decides it lacks merit, they will dismiss it. The Stay of Eviction will be immediately lifted, and the Sheriff can proceed with locking you out within a few days.
Can I appeal an LTB decision to a real court?
Yes, but it is very difficult. You can appeal an LTB order to the Ontario Divisional Court, but strictly on a “question of law” (meaning the LTB completely misinterpreted the RTA). You cannot appeal just because you disagree with the facts. This requires a lawyer and costs thousands of dollars.
Should I hire a law firm for a Request to Review?
Yes, highly recommended. A Request to Review requires you to argue complex legal concepts, not just tell a sad story. An experienced local paralegal or law firm knows how to identify specific “errors in law” that will convince an adjudicator to grant you a second hearing.
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