Landlord Tenant Appeals

How to Appeal a Landlord and Tenant Board Decision

When a decision is made by the Landlord and Tenant Board (LTB), it may not always be favorable to one party. If either the landlord or tenant disagrees with the decision, they may have the option to appeal it. While appealing an LTB decision can be a complex and legal process, understanding your rights and options is crucial. A paralegal can help guide you through the necessary steps and ensure that all required documents are filed correctly, even though they cannot represent you in court.

What is a Landlord and Tenant Appeal?

A landlord or tenant may appeal an LTB decision to the Divisional Court of Ontario if they believe that the decision was based on an error of law, fact, or procedure. An appeal is not a re-hearing of the original case but a review of whether the LTB’s decision was made correctly. The Divisional Court will examine the legal and factual errors that may have influenced the original ruling.

Grounds for Appeal

An appeal can only be made on specific grounds, such as:

• Error of Law: If the LTB misapplied the law or misunderstood legal principles.
• Incorrect Facts: If the LTB made an incorrect finding of facts, such as disregarding important evidence.
• Procedural Errors: If there was an issue in the procedural process that prevented a fair hearing, such as failure to follow the appropriate procedures.

It’s essential to understand that appeals are typically only granted when there is a legitimate legal reason for the appeal. The Divisional Court will not reconsider the merits of the case or hear new evidence.

Steps in the Appeal Process

1. Review the Decision: Carefully examine the LTB decision to understand the reasons behind it and identify potential grounds for appeal.
2. Assess Grounds for Appeal: You must be able to show that the LTB made an error in law, fact, or procedure. A paralegal can help assess whether you have valid grounds for an appeal.
3. File the Appeal: Once you’ve determined the grounds, the next step is to file the appeal with the Divisional Court. The appeal application must be filed within 30 days of receiving the LTB decision.
4. Attend the Hearing: If the appeal is accepted, a hearing will be scheduled where the Divisional Court will review the LTB’s decision. Paralegals can assist with preparing documents and outlining your case for the court.

Why You Should Consider Legal Assistance

While paralegals cannot represent clients in court, they play an essential role in the appeal process. They can help you understand the legal issues at play, prepare the necessary paperwork, and ensure that your appeal is submitted on time. Their expertise can make the appeal process smoother and increase the chances of a favorable outcome.

Get Help With Your Landlord and Tenant Appeal

If you are considering an appeal of a Landlord and Tenant Board decision, it’s important to seek assistance from professionals who can guide you through the process. Contact us to discuss your case and ensure that your appeal is handled efficiently.