4. Ask the Board to review the order

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Housing Law - Eviction process at the Landlord and Tenant Board
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Advocacy Centre for Tenants Ontario (ACTO)

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What if I don't go to my eviction hearing?
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4. Ask the Board to review the order

You can try to stop the eviction by asking the Board to "review" the decision.

To ask for a review, you must file a written Request for Review with the Board. This costs $50, but if you have a low income, you can ask the Board to "waive" or cancel the fee by filling in a form.

Time limit

You must file the Request to Review within 30 days after the date of the eviction order.

If it is more than 30 days after the date of the order, you will have to also file a Request to Extend or Shorten Time form. You will have to give the Board a very good reason why you missed the 30-day deadline.

Filling out the Request to Review form

On the form, you need to give a good reason why you missed the hearing. For example, if you didn't know about the hearing because you didn't get the paperwork, be prepared to explain to the Board any past problems you've had getting mail. If you were out of town, in hospital, or had a family emergency, get proof of where you were. For example, get travel receipts, and attach it to your Request for Review.

And, if you have reasons why you think the eviction order is wrong, you can put these on the form too.

There is also a place on the form to ask the Board to "stay", or freeze, the eviction order so that your landlord cannot enforce it. Make sure to fill in this part of the form.

After you file your Request to Review

A Board member will look at your Request for Review and decide whether to schedule a hearing. There is no guarantee that you will get a review hearing.

If the Board decides to schedule a hearing, you will get a Notice of Hearing and a copy of the "stay" order. You must take the copy of the stay order to the Sheriff’s office so they will know not to evict you before the hearing. You will also have to prepare for the hearing.

But if the Board decides not to hold a hearing, this means the Sheriff can come to evict you.

The Tenant Duty Counsel Program has a Tip Sheet that will guide you through the whole process of asking for a review.

Appealing to court

You can also appeal Board decisions to the Divisional Court. But this process is complicated and can cost a lot of money. In most cases, the court will not hear your appeal unless you have already asked for a review by the Board.

It is best to get legal advice before you decide to appeal to court. Once you receive the order, you have a short amount of time to file an appeal so you must act quickly.

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Reviewed: December 31, 2015

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