LTB Request to Review — Changes You Should Know

Landlord and Tenant Board

If you have received an LTB order that you believe contains a serious error, a Request to Review is one of the few mechanisms available to challenge it. The process has undergone meaningful changes in recent years — and landlords who are unaware of those changes risk missing critical deadlines or filing incomplete requests.

This article explains the current Request to Review process, the key procedural changes that have taken effect, and what Ontario landlords need to know before filing.

What Is a Request to Review?

A Request to Review (also called a Rule 26 review) is an internal LTB process that allows a party to ask the Board to reconsider an order. It is not an appeal — it is a request that the LTB itself look again at its own decision.

Reviews are granted only in limited circumstances. The LTB will consider a review where there is a serious error in the order, where a party was not reasonably able to participate in the original hearing, or where new evidence has come to light that could not reasonably have been obtained before the hearing.

A review is not a second chance to re-argue your case. The threshold is high, and most requests are dismissed without a hearing.

Grounds for a Review

The LTB's Rules of Practice set out the grounds on which a review may be requested. The most common grounds are:

• Serious error in the order — for example, the Member applied the wrong legal test, made a factual finding that is clearly unsupported by the evidence, or failed to consider a relevant issue.
• Failure to participate — the party was not reasonably able to attend or participate in the hearing due to circumstances beyond their control.
• New evidence — evidence that was not available at the time of the hearing and that could not reasonably have been obtained before the hearing.

Disagreeing with the outcome, or wishing you had presented your case differently, is not a ground for review. The LTB expects parties to come prepared to their hearings.

The Deadline to File — and Why It Changed

Historically, the deadline to file a Request to Review was 30 days from the date of the order. That deadline has been amended. Under the current rules, the deadline is now tied to the date the order is issued, not the date it is received.

This distinction matters. If an order is issued on a Friday and you do not receive it until the following week, the clock has already been running. Landlords who wait for the order to arrive in the mail before calculating their deadline may find they have less time than they expected.

The LTB has discretion to extend the deadline in appropriate circumstances, but extensions are not automatic. You must explain why you were unable to file within the prescribed period.

Does a Review Stay the Order?

Filing a Request to Review does not automatically stay the order. If the order requires a tenant to vacate, or requires a landlord to take some action, that obligation continues while the review is pending — unless the LTB grants a stay.

To obtain a stay, you must make a separate request and demonstrate that there is a serious issue to be tried and that you would suffer irreparable harm if the order is not stayed. The LTB will also consider the balance of convenience.

Landlords seeking a stay of an eviction order should act quickly. The LTB will not grant a stay after the eviction has already been enforced.

The Review Process

A Request to Review is filed using the LTB's online portal or by submitting the prescribed form. The request must identify the order being reviewed, the grounds for review, and the relief sought.

The LTB will first conduct a preliminary review to determine whether the request discloses a potential serious error. If the preliminary review finds no arguable ground, the request will be dismissed without a hearing.

If the preliminary review identifies a potential serious error, the matter will be scheduled for a review hearing. Both parties will have the opportunity to make submissions.

At the review hearing, the Member will determine whether a serious error occurred. If a serious error is found, the Member may substitute a new order, direct a new hearing, or take such other action as is appropriate.

Practical Considerations for Landlords

If you are considering a Request to Review, keep the following in mind:

• Act quickly — calculate your deadline from the date the order was issued, not the date you received it.
• Be specific — identify the precise error in the order and explain why it is a serious error, not merely a disagreement with the outcome.
• Gather your evidence — if you are relying on new evidence, explain why it was not available at the time of the hearing.
• Request a stay if needed — if the order requires immediate action, file a stay request at the same time as your review request.
• Consider legal representation — the review process is procedurally complex and the threshold for success is high.

A Request to Review is not the right tool for every situation. If the error in the order is a question of law, an appeal to the Divisional Court may be more appropriate. A licensed paralegal or lawyer can help you assess your options.

Conclusion

The LTB Request to Review process provides a limited but important remedy for parties who have received an order containing a serious error. The procedural changes to the deadline rules mean that landlords must act promptly — calculating their deadline from the date of the order, not the date of receipt.

If you have received an LTB order and believe it contains a serious error, contact Gobin & Leyenson LLP. Our team can review the order, assess whether grounds for review exist, and guide you through the process.