What we do
Read the order and the file
We read the order, any reasons and the Board's record, and note the issue date.
Choose the route
We assess which route fits, a set-aside motion, a review or an appeal, and which deadline applies.
Prepare the request or your response
We draft the request, or your response to the other side's, with the grounds and evidence the rules require.
Deal with the stay
We ask for a stay, or for one to be lifted or made conditional, and notify the Court Enforcement Office when the rules require it.
Represent you at the hearing
We appear at the review hearing and any re-hearing, or at the Divisional Court.
The forms involved
- Review
Request to Review an Order
Asks the Board to review a final order on a ground set by regulation.
Form and instructions at the Landlord and Tenant Board (opens in a new tab) - S2
Motion to Set Aside an Ex Parte Order
The tenant's motion to cancel an order made without a hearing on an L3 or L4 application.
Form and instructions at the Landlord and Tenant Board (opens in a new tab) Request to Extend Deadline
Filed together with a late review request or motion, explaining the delay.
Form and instructions at the Landlord and Tenant Board (opens in a new tab)
How the timing works
- Order issuedDay 0 for review and set-aside deadlines.
- Set-aside motionL3 or L4 orders: within 10 days.
- Review requestWithin 15 days of the order being issued.
- Preliminary reviewDecided on the papers, without a hearing.
- Divisional Court appealWithin 30 days, on a question of law.
How the process runs
A Board order is final and binding, but the Board can review it. Any party, or a person directly affected by a final order, can file a Request to Review an Order. For an order issued on or after July 1, 2026, the request must be made within 15 days of the order being issued (RTA s. 209(3)). For an earlier order the limit is 30 days. A late request must be filed together with a Request to Extend Deadline that explains the delay.
The Board can review an order only in three situations. A party was not “reasonably able to participate” for a listed reason, such as not getting adequate notice of the hearing. The order results from a serious error, such as an error of law or fact or a breach of procedural fairness. Or there is new evidence that could not have been obtained before the order and would likely have changed the result. A member first does a preliminary review on the papers and can dismiss the request there. If it goes ahead, there is a review hearing, and a re-hearing can begin right after it.
A review request does not put the order on hold by itself. The request must ask for a stay and explain why, and the Board decides, sometimes with conditions. Any person affected by an order can also appeal to the Divisional Court within 30 days after being given the order, but only on a question of law (RTA s. 210(1)). An appeal automatically stays the order unless the court or the Board lifts the stay.
An order made without a hearing on an L3 or L4 application can be challenged by a Motion to Set Aside an Ex Parte Order, filed within 10 days after the order is issued. Filing it stays the order until the Board decides (RTA ss. 77 and 78).
If your tenant challenges the order
Your tenant can use the same routes. A review request is not served on you unless the Board directs it. If it passes the preliminary review, you receive a notice of hearing and a copy of the request. The re-hearing can follow the same day, so have your evidence and witnesses ready.
If your tenant moves to set aside an order based on an agreement to end the tenancy or the tenant’s own notice, the test changed on September 21, 2026. The Board may set the order aside only if doing so would not be unfair, and it cannot consider changes in the tenant’s circumstances after the agreement or notice. The six months you have to file an eviction order with the Sheriff do not run while the order is stayed.
Where applications go wrong
- Using the old deadline. Orders issued on or after July 1, 2026 have a 15-day review deadline, not 30.
- Re-arguing the case. A review is not a chance to present a better case, and a request that only says the order is wrong is usually dismissed early.
- Leaving out a reason. A party can file only one request to review the same order, so every ground belongs in it.
- Relying on old or later evidence. Evidence that could have been obtained before the hearing, or that is about events after it, does not meet the test.
- Not explaining the stay. A request for a stay should set out the harm if no stay is granted.
- Appealing a finding of fact. The Divisional Court hears appeals from the Board only on questions of law.
Fees
The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.
Review or appeal
A request to review a Board order, or an appeal to the Divisional Court.
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 callQuestions
How long do I have to challenge a Board order?
It depends on the route. For an order issued on or after July 1, 2026, a Request to Review an Order is due within 15 days of issue. Older orders have 30 days. A late request needs a Request to Extend Deadline explaining the delay. A Divisional Court appeal must be brought within 30 days after you are given the order, and only on a question of law. A tenant’s motion to set aside an L3 or L4 order made without a hearing is due within 10 days.
My tenant has asked for a review. Is my eviction order on hold?
Not automatically. At the preliminary review, a Board member decides whether to stay the order while the review is decided. The member can attach conditions, such as the tenant paying some or all of the arrears into the Board or to you. A stayed order cannot be enforced, and the party who asked for the stay must take it to the Court Enforcement Office. A Divisional Court appeal is different. It stays the order automatically, unless the court or the Board lifts the stay at a party’s request.
Can I appeal if I think the member got the facts wrong?
An appeal to the Divisional Court is only on a question of law, such as the member wrongly interpreting or applying the Residential Tenancies Act. A disagreement about the facts may fit a Request to Review an Order instead, since an error of fact can be a serious error. But the Board gives the original member’s findings of fact considerable deference. A review is not a chance to present a better case, and a request that only says the order is wrong is usually dismissed early.
Sources (28)
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.
- A Board order is final and binding, subject to the Board's power of review (RTA s. 209(1)). Ontario e-Laws (opens in a new tab)
- Any party, or a person directly affected by a final order, may request a review of an order that makes a final determination of the party's rights (LTB Rules of Procedure, Rule 26.1). Tribunals Ontario (opens in a new tab)
- A request to review must be submitted within 15 days of the issuance of the order (RTA s. 209(3)), for orders made on or after the day S.O. 2025, c. 14, Sched. 12, s. 11 came into force (RTA s. 209(4)), in force July 1, 2026. Ontario e-Laws (opens in a new tab)
- A review request for an order issued on or after July 1, 2026 must be made within 15 days; for an order issued before July 1, 2026, within 30 days (LTB Rules 26.4 and 26.5; Request to Review an Order instructions, Section B). Tribunals Ontario (opens in a new tab)
- A late review request must be accompanied by a request to extend time, filed together with the review request, explaining the delay (Rule 26.6; Interpretation Guideline 8, Time for Review). Tribunals Ontario (opens in a new tab)
- The Board may review a final order only if a party was not 'reasonably able to participate' for a listed reason, the order is the consequence of a listed serious error, or there is qualifying new evidence (RTA s. 209(2), O. Reg. 178/26, as described in Interpretation Guideline 8). Tribunals Ontario (opens in a new tab)
- Listed reasons include not receiving adequate notice of the hearing; listed serious errors include an error of law, fact or mixed fact and law and a material breach of procedural fairness (Request to Review an Order form, version 2026/07, and instructions, Section C). Tribunals Ontario (opens in a new tab)
- The Board first conducts a preliminary review without a hearing and may dismiss the request at that stage (Rule 26.9; Interpretation Guideline 8, The Review Process). Tribunals Ontario (opens in a new tab)
- Unless otherwise directed, the re-hearing begins immediately after the request to review is granted (Rule 26.16). Tribunals Ontario (opens in a new tab)
- A review request does not stay the order automatically: a party may request a stay in writing, describing the prejudice if it is refused, and the Board may stay or lift a stay, with conditions (Rules 26.10 and 26.11; Interpretation Guideline 8, Stay of the Order). Tribunals Ontario (opens in a new tab)
- The party who files a set-aside motion must take a copy of the motion, the Notice of Hearing and Stay to the Court Enforcement Office, and the party who asked for a stay must take the stay order there (Rules 25.1 and 25.3). Tribunals Ontario (opens in a new tab)
- Any person affected by an order 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 (opens in a new tab)
- An appeal to the Divisional Court automatically stays the order, which cannot be enforced unless the Divisional Court or the LTB lifts the stay (LTB, Application and hearing process, section 6, Appealing an order). Tribunals Ontario (opens in a new tab)
- Only L3 and L4 applications can be decided ex parte, without a hearing (LTB, Application and hearing process, section 6, Ex parte order). Tribunals Ontario (opens in a new tab)
- The respondent may move to set aside an order made without notice within 10 days after it is issued, and the motion stays the order (RTA ss. 77(6)-(7)). Ontario e-Laws (opens in a new tab)
- The respondent may move to set aside an order based on a failed settlement or order within 10 days after it is issued, and the motion stays the order (RTA ss. 78(9)-(10)). Ontario e-Laws (opens in a new tab)
- The request to review is not served on the other parties unless the LTB directs; if not dismissed, the LTB issues a notice of hearing with a copy of the request (Interpretation Guideline 8). Tribunals Ontario (opens in a new tab)
- The re-hearing may occur immediately after the review hearing, so parties should file evidence before it and have witnesses available (Interpretation Guideline 8, The Re-Hearing). Tribunals Ontario (opens in a new tab)
- Effective September 21, 2026, the LTB may set aside an eviction order based on an agreement or the tenant's notice only if doing so would not be unfair, and cannot consider changes in the tenant's circumstances after the agreement or notice (LTB Operational Update, September 21, 2026). Tribunals Ontario (opens in a new tab)
- RTA s. 77(8)(b), as amended by S.O. 2025, c. 14, Sched. 12, s. 5 (in force September 21, 2026), allows setting aside if the prescribed circumstances, conditions or tests are satisfied. Ontario e-Laws (opens in a new tab)
- The six-month period to file an eviction order with the Sheriff does not run while the order is stayed by an appeal, review request or set-aside motion (Interpretation Guideline 10, Expiry of the Eviction Order). Tribunals Ontario (opens in a new tab)
- A review is not an opportunity to change the way a case was presented; a request that simply alleges the order is wrong will usually be dismissed at the preliminary review (Interpretation Guideline 8). Tribunals Ontario (opens in a new tab)
- The LTB will not consider a further request to review the same order from the same requesting party (Rule 26.18). Tribunals Ontario (opens in a new tab)
- New evidence must not have been obtainable before the order; evidence of events after the hearing does not meet the test (Interpretation Guideline 8, Ground for Review: New Evidence). Tribunals Ontario (opens in a new tab)
- A request seeking a stay must explain why a stay is necessary and any prejudice or harm if it is not ordered; an order that is stayed cannot be enforced (Rule 26.8; Amendments, Reviews and Appeals brochure). Tribunals Ontario (opens in a new tab)
- Form title 'Request to Review an Order' (version 2026/07). Tribunals Ontario (opens in a new tab)
- Form title 'Motion to Set Aside an Ex Parte Order', Form S2 (v. 01/04/2022). Tribunals Ontario (opens in a new tab)
- Form title 'Request to Extend Deadline' (version 2026/07). Tribunals Ontario (opens in a new tab)