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Changing or overturning a LTB order

Introduction

The Residential Tenancies Act (RTA) is the law that applies to rental housing in Ontario. The RTA sets out the rights and responsibilities of landlords and people who rent where they live. The Landlord and Tenant Board (LTB) is a government organization that enforces the RTA.

  • If you believe that there is something incorrect in an LTB order, you can request the order to be reconsidered or changed.
  • You can request to Amend the order, Review the order, Set Aside the order or Appeal the order to the Divisional Court of the Superior Court of Justice.
  • Amending, Reviewing, Setting Aside or Appealing an LTB Order can be complicated. You should contact a Community Legal Clinic or seek legal advice as soon as possible.

Some situations when you may want to change or stop an LTB order:

  • You received a Sheriff's order that you are going to be evicted, but you did not receive a Notice of Hearing and did not attend the hearing.
  • Your landlord wants to evict you because he claims you did not meet a condition of an LTB order. For example, you missed a payment of a mediated payment plan.
  • You believe the LTB Member made a serious error at your hearing such as:
    1. An error in law occurred if the LTB Member did not interpret the law correctly.
    2. An error in procedure occurred if the LTB Member did not let you or your witnesses speak, or would not accept your evidence.
    3. An error in fact occurred if the LTB Member came to an unreasonable conclusion based on all the evidence, or new evidence became available after the hearing that could change the decision.
    4. An error in remedy occurred when the LTB Member ordered a remedy that is not appropriate to the circumstances.
  • It is possible to stay (stop) an LTB order such as an eviction order or Sheriff’s notice by asking for a review.

You have only 30 days from the date of the order to ask for a review:

  • When requesting a review of an order, make sure you ask that the order be stayed.
  • Make sure you request a recording of the hearing where the order was made.

Learn more

  1. Decide if your problem relates to reviewing, setting aside or amending a LTB order.
  2. Read Frequently Asked Questions (FAQs) to learn more about your rights and the law.
  3. Follow the Steps for instructions on starting a legal process to solve your problem.
  4. Review the Resources to find new and in-depth legal information about your problem.
  5. See the Links for news and other helpful websites.

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DisclaimerLast updated 07/30/2009