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When it goes to court

Your tenant has appealed a Board order, you want to challenge one in court, or your former tenant owes more than the Board can order. Court steps have their own forms, deadlines and rules.

DIVISIONAL COURT · SUPERIOR COURT

What we do

  1. Check the order and the time limit

    We read the order and reasons, and work out which route applies and when it closes.

  2. Respond to your tenant's appeal

    We check its timing and grounds, and ask the court to lift the stay or set terms where the facts support it.

  3. Hold the appeal to its timetable

    We track the appellant's deadlines and move to dismiss for delay when the rules allow.

  4. Prepare and present your case

    We prepare the court documents and represent you in court.

The forms involved

How the timing works

  1. Order givenDay 0. The 30-day appeal period starts.
  2. Notice of appealServed within 30 days, filed within 10 more.
  3. Schedule to courtParties email issues and a schedule within two weeks.
  4. Transcript orderedProof filed within 30 days after the notice.
  5. Appeal perfected30 days after filing, or 60 after transcription.
  6. Respondent's factumWithin 60 days after the appellant's materials.

How the process runs

Some landlord and tenant matters go to court: an appeal of a Board order, judicial review, or a claim larger than the Board can order. Appeals and judicial reviews go to the Divisional Court, a branch of the Superior Court of Justice. A judge managing the case can change the deadlines in the Rules of Civil Procedure.

Any person affected by a Board order can appeal within 30 days after being given the order, but only on a question of law (RTA s. 210(1)). The appeal stays the order unless the Board or the court orders otherwise. Amendments to the Act in force in 2026 shortened the Board’s review deadline but did not change appeals or the stay. See Challenging or defending an order for reviews.

Judicial review asks the Divisional Court to find that the Board did not properly use its powers, such as through an unfair process. It must start within 30 days after the decision unless the court extends the time. It is not an appeal, so it does not stay the order by itself.

A licensed paralegal may represent a party before the Board and in the Small Claims Court (Law Society By-Law 4, s. 6); in the Divisional Court and the rest of the Superior Court, a party acts in person or through a lawyer, and a corporation needs a lawyer unless the court gives leave.

Examples

  • Your tenant has appealed your eviction order to the Divisional Court. Delivering the notice of appeal stays the eviction, and the sheriff stops once a certificate of stay is filed. You can ask the court to lift it. The court can also direct the tenant to pay rent and arrears, and lift the stay on default.
  • Your tenant’s appeal is not moving. The appellant must request the Board’s recording within 15 days, show within 30 days that the transcript is ordered, and perfect the appeal on time. If not, you can ask the Registrar to dismiss it for delay.
  • The appeal raises no question of law. On motion, the court can quash an appeal in a proper case. If there is good reason to believe an appeal is frivolous and vexatious, and the appellant lacks assets in Ontario to pay costs, a judge can order security for costs.
  • Your tenant has applied for judicial review instead. The order is not stayed unless the court orders it. If the tenant’s record and factum are not delivered within 30 days after the Board’s record is filed, you can move to dismiss for delay.
  • You believe the Board got the law wrong. You can appeal within 30 days, serving a Notice of Appeal to the Divisional Court on the other parties and the Board. For an error of fact, a review at the Board may fit.
  • Your former tenant owes you more than $50,000. The Board can order up to $50,000, the Small Claims Court limit. A larger claim can start in the Superior Court of Justice with a statement of claim. If you claim at the Board instead, anything above its limit is lost.

Where court steps go wrong

  • Missing the 30 days. The appeal period runs from the day you are given the order. Late judicial review needs the court’s permission.
  • Appealing a finding of fact. Appeals from the Board are only on questions of law.
  • Choosing the wrong route or place. Judicial review where an appeal fits, or the reverse, can be dismissed, and a case filed in the wrong location may be rejected.
  • Using an old form. Since February 1, 2026, the notice of appeal is Form 61A.3, and some court materials still show older numbers.
  • Missing record and factum deadlines. A late appeal or judicial review can be dismissed for delay.
  • Acting on a stayed order. While an order is stayed, no step can be taken to enforce it unless a judge orders it.

Fees

The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.

  • Court proceeding

    An appeal, motion, application or claim in the Divisional Court or the Superior Court of Justice.

  • Hearing representation

    Preparation and representation at the Board or Divisional Court.

No two matters are alike, so we price yours once we know the facts. You will know the fee before any work starts.

Screening call: 15 minutes, complimentary. Full consultation: 45 minutes, $150 incl. HST.

Book the complimentary call

Questions

My tenant appealed to the Divisional Court. Can the sheriff still evict?

Not while the stay applies. Delivering a notice of appeal stays the parts of a Board order that end the tenancy and evict, until the appeal is decided. Once a certificate of stay is filed with the sheriff, the sheriff does not enforce the order. You can ask the Divisional Court to lift the stay, through a case conference or a motion. The court can also direct the tenant to pay ongoing rent and arrears, and lift the stay if the tenant does not pay.

What is the difference between an appeal and judicial review?

An appeal to the Divisional Court must start within 30 days after you are given the Board’s order, and only on a question of law. It stays the order unless the Board or the court orders otherwise. Judicial review asks the same court to find that the Board did not properly use its powers. It must start within 30 days after the decision, and does not stay the order unless the court orders it. The court may decline to hear it while an appeal or review is still available.

My former tenant owes more than the Board can order. Where do I claim?

The Board can order up to the greater of $10,000 and the Small Claims Court limit, which has been $50,000 since October 1, 2025. If your claim is larger, you can bring it in court instead, and the court can use the Board’s powers. Above $50,000, the claim starts in the Superior Court of Justice with a statement of claim. If you file at the Board, everything above its limit is lost once the Board issues its order.

Sources (41)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. Any person affected by an order of the Board may appeal it to the Divisional Court within 30 days after being given the order, but only on a question of law (RTA s. 210(1)). Ontario e-Laws
  2. A person appealing shall give the Board any documents relating to the appeal (RTA s. 210(2)); the notice of appeal is served on the Landlord and Tenant Board and on the landlord (Consolidated Practice Direction for Divisional Court Proceedings, Part I, para. 1). Ontario e-Laws
  3. Section 210 still carries only its 2006 citation; S.O. 2025, c. 14, Sched. 12, s. 11 amended s. 209 (15-day review request, in force July 1, 2026) and did not amend s. 210. Ontario e-Laws
  4. The Statutory Powers Procedure Act applies to all proceedings before the Board (RTA s. 184(1)). Ontario e-Laws
  5. An appeal from a tribunal decision to a court operates as a stay unless another Act provides otherwise or the tribunal or the court orders otherwise (SPPA s. 25(1)). Ontario e-Laws
  6. An application for judicial review is not an appeal within the meaning of SPPA s. 25(1) (SPPA s. 25(2)). Ontario e-Laws
  7. Delivery of a notice of appeal from an order made under the RTA stays any provision declaring a tenancy terminated or evicting a person until the appeal is decided, and a judge may order that the stay does not apply (Rules of Civil Procedure, r. 63.01(3), (5)). Ontario e-Laws
  8. While an order is stayed no step may be taken to enforce it except by order of a judge of the appeal court; when a certificate of stay (Form 63B) for a stayed Landlord and Tenant Board order is filed with the sheriff, the sheriff shall not enforce the order (r. 63.03(1), (5.1)). Ontario e-Laws
  9. The court may give case management directions requiring payment of ongoing rent and of or on account of arrears, and may lift the stay on default (Consolidated Practice Direction for Divisional Court Proceedings, Part I, para. 3). Ontario Superior Court of Justice
  10. A respondent wishing to lift the stay of a Board order may request a case conference or ask the court to schedule a motion (Consolidated Practice Direction for Divisional Court Proceedings, Part I, para. 5). Ontario Superior Court of Justice
  11. The appellant must request the audio recording of the Board hearing within 15 days after the appeal starts; if a party fails to follow the court's schedule, a judge may set aside the stay and quash the appeal (Consolidated Practice Direction for Divisional Court Proceedings, Part I, para. 6). Ontario Superior Court of Justice
  12. Any timetable or deadline set through case management supersedes the deadlines in the Rules of Civil Procedure (Consolidated Practice Direction for Divisional Court Proceedings, Part G). Ontario Superior Court of Justice
  13. Within two weeks of a proceeding starting, the parties email the Divisional Court with any preliminary issues and a proposed schedule; the registrar may reject a proceeding started in an improper location (Consolidated Practice Direction for Divisional Court Proceedings, Part A.1). Ontario Superior Court of Justice
  14. The Divisional Court is a branch of the Superior Court of Justice (Courts of Justice Act s. 18(1)). Ontario e-Laws
  15. On motion, a court to which an appeal is taken may, in a proper case, quash the appeal (Courts of Justice Act s. 134(3)). Ontario e-Laws
  16. An appeal starts by serving a notice of appeal in Form 61A.3 (Divisional Court) within 30 days unless a statute provides otherwise, and filing it within 10 days after service (r. 61.04(1), (4)). Ontario e-Laws
  17. The appellant files proof of ordering the transcript within 30 days after filing the notice of appeal (r. 61.05(5)). Ontario e-Laws
  18. On the respondent's motion, a judge may order security for costs where there is good reason to believe the appeal is frivolous and vexatious and the appellant has insufficient assets in Ontario to pay the costs, and may dismiss the appeal if the order is not followed (r. 61.06(1)(a), (2)). Ontario e-Laws
  19. The appeal is perfected within 30 days after filing the notice of appeal if no transcript is needed, or within 60 days after notice that the evidence has been transcribed (r. 61.09(1)). Ontario e-Laws
  20. The respondent's factum and compendium are delivered within 60 days after service of the appellant's appeal book, exhibit book, transcript and factum (r. 61.12(2)). Ontario e-Laws
  21. If the appellant has not filed proof of ordering the transcript or perfected the appeal in time, the respondent may move before the Registrar, on 10 days notice, to dismiss the appeal for delay (r. 61.13(1)). Ontario e-Laws
  22. A motion in the Divisional Court is heard by one judge unless the rules provide otherwise (Courts of Justice Act s. 21(3)); the notice of a motion before a single judge of the Divisional Court is Form 61N (r. 61.16(1.2)(b)). Ontario e-Laws
  23. Since February 1, 2026, Form 61A.3 is the Notice of Appeal to the Divisional Court and Form 61A is the Notice of Motion for Leave to Appeal to the Divisional Court (O. Reg. 3/26, ss. 7, 11, 12). Ontario e-Laws
  24. Form titles: 14A Statement of Claim (General); 61A.3 Notice of Appeal to the Divisional Court; 61N Notice of Motion Before a Single Judge — Divisional Court; 63B Certificate of Stay; 68A Notice of Application to Divisional Court for Judicial Review (Rules of Civil Procedure, Table of Forms). Ontario e-Laws
  25. An application for judicial review is made to the Divisional Court no later than 30 days after the decision, and the court may extend the time if there are apparent grounds for relief and no substantial prejudice or hardship (Judicial Review Procedure Act ss. 2(1), 5(1)-(2), 6(1)). Ontario e-Laws
  26. On an application for judicial review the court may make an interim order pending its decision (JRPA s. 4); filing an application does not suspend the decision, and a party who wants it suspended must bring a motion for a stay (Superior Court of Justice, Guide to Judicial Review in Divisional Court). Ontario Superior Court of Justice
  27. Judicial review is not an opportunity to re-argue the case but to show that the decision-maker failed to properly exercise its decision-making powers; where an appeal or reconsideration is available, the court may decline to hear the application until that process is completed (Guide to Judicial Review in Divisional Court). Ontario Superior Court of Justice
  28. Bringing a matter as an appeal or as judicial review in the wrong way may result in dismissal of the proceeding (Superior Court of Justice, The Steps in a Divisional Court Appeal Case). Ontario Superior Court of Justice
  29. An application to the Divisional Court for judicial review starts with a notice of application in Form 68A (r. 68.01(1)). Ontario e-Laws
  30. The applicant delivers an application record and factum within 30 days after the record of the proceeding is filed; if not, the respondent may move before the registrar, on 10 days notice, to dismiss the application for delay (r. 68.04(1)(a), 68.06(1)). Ontario e-Laws
  31. The Board may order payment of up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court (RTA s. 207(1)). Ontario e-Laws
  32. The maximum amount of a claim in the Small Claims Court is $50,000 (O. Reg. 626/00, s. 1(1), as amended by O. Reg. 42/25, in force October 1, 2025). Ontario e-Laws
  33. A person whose claim exceeds the Board's monetary jurisdiction may start a proceeding in any court of competent jurisdiction, which may exercise the Board's powers (RTA s. 207(2)). Ontario e-Laws
  34. If a party claims at the Board, all rights in excess of the Board's monetary jurisdiction are extinguished once the Board issues its order (RTA s. 207(3)). Ontario e-Laws
  35. The Superior Court of Justice has the general jurisdiction of the common law and equity courts (Courts of Justice Act s. 11(2)); the Small Claims Court hears money claims up to the prescribed amount, exclusive of interest and costs (s. 23(1)(a)). Ontario e-Laws
  36. An action starts with a statement of claim, Form 14A (general) (r. 14.03(1)). Ontario e-Laws
  37. An error of fact by the Board is a serious error on which the Board may review its order (O. Reg. 178/26, s. 1(1) para. 2 and s. 1(3) para. 2). Ontario e-Laws
  38. A Class P1 licensee (licensed paralegal) may represent a party in the Small Claims Court and before a tribunal established under an Ontario Act (Law Society By-Law 4, s. 6(2), para. 2 i and iv). Law Society of Ontario
  39. Law Society of Ontario: paralegals are able to represent parties in Small Claims Court and before provincial tribunals, but are not authorized to represent parties before the Divisional Court. Law Society of Ontario
  40. The Small Claims Court is a branch of the Superior Court of Justice (Courts of Justice Act s. 22(1)). Ontario e-Laws
  41. In proceedings under the Rules of Civil Procedure a corporation shall be represented by a lawyer except with leave of the court, and any other party may act in person or be represented by a lawyer (r. 15.01(2), (3)). Ontario e-Laws

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