Amendments, Reviews and Appeals

This brochure explains your options if you believe there is something incorrect in an LTB order. There are three ways to request that an order of the LTB be reconsidered or changed. You can:

• request to amend an order
• request to review an order
• appeal or judicially review an order at the Divisional Court, which is a branch of the Superior Court of Justice

Who can file a request to amend or a request to review an order?

In general, you can only make a request to amend or review an order if you are an applicant or respondent. Your legal representative can also make the request on your behalf.

However, if you are not named as an applicant or respondent on the order but believe that you are directly affected by the order, you can may also be able file a request. An LTB Member will decide whether or not you can make the request.

Request to Amend an Order

If you think there is a mistake in the order, such as a misspelled name or address or an incorrect calculation, you can make a Request to Amend an Order. This type of mistake is called a clerical error. The Member who wrote the order may have made the clerical error, or it could have been made by the applicant in the application.

A Request to Amend an Order is reviewed by the LTB Member who made the decision. The Member may do any of the following:

• grant the request to amend the order and make the correction
• deny the request to amend the order
• ask for written submissions from the parties to help them make a decision
• hold a hearing to decide if the request to amend the order should be granted or denied

When a Member corrects an order, they issue an amended order, which is mailed to the parties and their representatives. The amended order replaces the original order.

Deadline to make a Request to Amend an Order

The deadline to make a Request to Amend an Order is 30 days after the date the order was issued. If you make a request after the 30 day deadline, you must also file a Request to Extend or Shorten Time.

There is no fee to make these requests.

Request to Review an Order

You can ask the LTB to review a final order if you believe one or more of the following circumstances are present:

1. you were not reasonably able to participate in the proceeding for one of the following reasons:
   1. You did not receive adequate notice of the hearing or of the issues to be decided at the hearing.
   2. The LTB did something that contributed to your inability to participate in the proceeding
   3. You were misled by another party to the proceeding.
   4. You were affected by a serious emergency, such as:
      1. a serious illness, a serious injury or hospitalization, or
      2. the serious illness, serious injury, hospitalization or death of an immediate family member.
   5. You were incarcerated or incapable.
   6. There was natural disaster or other similar circumstance.
2. the order is the consequence of one of the following types of serious errors:
   1. The LTB acted outside of its jurisdiction or committed a material breach of procedural fairness.
   2. The LTB made an error of law, fact or mixed fact and law.
   3. The LTB ordered a remedy that is significantly outside of the range of usual and proportionate remedies for the type of proceeding.
   4. The terms of the order are unenforceable.
3. you have new evidence that you could not have obtained before the decision was made, and would likely have affected the result of the proceeding had it been before the LTB.

The Request to Review an Order is not an opportunity to have your matter heard a second time if you don't agree with the decision.

A person can only make one request to review an order. This means that if the LTB denies your Request to Review an Order, you can't make another request to have the same order reviewed.

There is a $58 fee to file a Request to Review an Order.

More information about review requests can be found in LTB Interpretation Guideline 8: Review of an Order.

Deadline to make a Request to Review an Order

The deadline to make a Request to Review an Order is 15 days after the date the order was issued. If you make a request after the 15-day deadline, you must also file a Request to Extend a Deadline.

If the order you want to review was issued before July 1, 2026, the deadline to file the form is 30 days after the order was issued.

What happens when a Request to Review an Order is filed?

There are two stages to the LTB's review process. The first stage is a preliminary review. The LTB conducts the preliminary review without a hearing by considering the contents of the review request and the LTB’s record. After conducting a preliminary review, the LTB may dismiss the request or send it to the second stage: the review hearing.

At the preliminary review stage an LTB Member decides if the party who filed the review has proven one or more of the following:

1. the requestor may not have been reasonably able to participate in the proceeding for one of the reasons set out above;
2. the order may be the consequence of one of the types of a serious errors set out above; or
3. the requestor may have obtained new evidence that, could not have been obtained before the decision was made, and would likely have affected the result of the proceeding had it been before the LTB.

The request may be dismissed at the preliminary review stage if the Member is not satisfied that any of the grounds for the review have been proven. If this happens, the LTB will send its decision denying the review request to all the parties.

If the Member decides that one or more of these grounds may be proven, a review hearing will usually be scheduled to provide the parties with an opportunity to provide evidence and submissions about the review request.

Any Member, including the Member who made the order you are asking to have reviewed, could be assigned to conduct the review hearing.

After the hearing, if the Member decides that none of the grounds for the review have been proven , the request to review will be dismissed. In this case the original order does not change.

If instead the Member decides that one or more grounds for the review have been proven, the request to review will be granted. The LTB may then hold a new hearing to consider some or all of the issues in the application and then either confirm, vary, suspend or cancel the order. The Member will write a new order to explain the decision, and this new order will replace the original one.

Sometimes the LTB may decide on its own to hold a review hearing even if no Request to Review an Order has been made. This is called a "Board Initiated Review".

Stays

If you make a Request to Amend an Order or a Request to Review an Order, you can also ask for a stay of the order. When an order is stayed, it cannot be enforced.

The Member must consider the effect that staying the order will have on the parties and make a decision to either grant or deny the stay.

For example, if a tenant requests a review of an order for eviction and also requests a stay of the order, the Member might decide to stay the order because of the impact on the tenant if they were evicted before the review is considered.

A stay is usually issued in the form of an "Interim Order". This type of order may have conditions for one or both parties to fulfill, or it may simply indicate that an order has been stayed.

Once a hearing has been held, the Member hearing the request will either remove the stay so that the order can be enforced or write a new order that cancels and replaces the previous one.

An appeal to the Divisional Court automatically stays the LTB's order until the court makes a decision on the appeal. In some cases, the court may order the stay lifted before making a final decision.

Appealing an Order to Divisional Court

If you believe that that an LTB order contains an error in law, you can appeal it to the Divisional Court which is a branch of the Superior Court of Justice. An error in law can include when the LTB Member incorrectly interprets or applies the Residential Tenancies Act or some other legal test that is important to the decision.

The deadline to appeal an LTB order to the Divisional Court is 30 days after the LTB makes the order. If the 30-day deadline has passed, you can bring a motion to the Divisional Court requesting an extension of time. If you appeal an order, you must send a copy of the appeal documents to the LTB.

You may also be able to file an application for judicial review at the Divisional Court.

The LTB does not provide information regarding the Divisional Court appeal process. If you are planning to file an appeal, read the Guide to Appeals in Divisional Court and contact the Divisional Court or seek legal advice.

Contact the Landlord and Tenant Board