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    How to Challenge an Order by Landlord and Tenant Board
    Posted: 2012-11-13 05:00:39


    © Daquella Manera

     

    Landlords and tenants often get into disputes over rent payments, evictions, and property damage repairs. If the disputes persist without resolution for a long time, the parties have an opportunity to refer to the Ontario Landlord and Tenant Board by filing an application.

    Once the application is filed, the Board will hold a hearing, where the landlord and the tenant can explain their positions and provide evidence. The Board then addresses the dispute and makes a decision about how to resolve it based on all the evidence provided.

    The Board is considered to be a quasi-judicial body. This means that if one of the parties disagrees with the decision and is convinced that it was wrong, it can challenge it.

     

    In this case, there are three ways to challenge a board’s decision:

    • The party can file a request to amend the Board’s order


    A person can do this when he/she believes that the board made a mistake in the order. For example, names or addresses were misspelled, or damage calculations were made incorrectly. Such errors are often called “clerical errors”, which are made when the Board makes in the order in writing. The deadline to make this request is 30 days after the date the order was issued. If filed after 30 days, the applicant must file a Request to Extend or Shorten Time explaining the reasons for the delay.

    • The party can file a request to review the Board’s order


    If a person believes that the board made a serious error in the order, or that there was a serious error in the proceedings, this type of challenge can be made. For example, the board might have relied on the wrong facts when making its decision, or it made an error in the hearing procedure that prejudiced the parties. This option is available only when the applicant is convinced that the Board made a serious error in its decision. There is a $50 fee to file this request. The deadline is 30 days after the date of the order. If filed after 30 days, the applicant must file a Request to Extend or Shorten Time explaining the reasons for the delay.

    • The party can appeal the Board’s order


    It applies when the party believes that the board made an error in law. In other words, if the Bord applied the law incorrectly (or the wrong law altogether), the party can ask the Divisional Court of the Superior Court of Justice (Ontario) to review the order and make a final decision. As before, the deadline to appeal is 30 days after the date of the order. If the deadline has passed, it is possible to brig a motion before the judge to request an extension of time. When making an appeal to the court, the person has to send a copy of the appeal documents to the Board. Furthermore, seeking a legal advice may be necessary when making an appeal in this case as knowledge of court proceedings is necessary. Making an appeal can also be quite risky as the likelihood of success can be uncertain.

    For more information, refer to the Ontario Landlord and Tenant Board website.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.