4. Ask the LTB to review the order
Question & AnswerWhat if I don’t go to my eviction hearing?
Important COVID-19 update about the Landlord and Tenant Board
Because of COVID-19, the Landlord and Tenant Board has changed some of its processes. You can learn more in the question: How has the COVID-19 pandemic changed the way the LTB handles cases?
You can try to stop the eviction by asking the LTB to review the decision.
To ask for a review, you must file a Request to Review an Order with the LTB. It costs $58 to your request. But if you have a low income, you can ask the LTB to “waive” or cancel the fee by using a Fee Waiver Request.
You must file the Request to Review form within 30 days after the date of the eviction .
If it's 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 LTB a very good reason why you missed the 30-day deadline.
Filling out the Request to Review form
On the Request to Review form, you must 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 LTB any past problems you've had getting mail or email. If you were out of town, in hospital, or you had a family emergency, get proof of where you were. For example, get travel receipts and attach them to your Request for Review.
And, if there are reasons why you think the eviction order is wrong, you can put those reasons on the form too.
There is also a place on the form to ask the LTB 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
An will look at your Request for Review and decide whether to schedule a review hearing. There is no guarantee that you will get a hearing.
If the LTB schedules 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 's office so they will know not to you before the hearing. You will also have to prepare for the hearing.
But if the LTB 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 process of asking for a review.
Appealing to court
You can also appeal LTB decisions to the Divisional Court. But this process is complicated and can cost a lot of money. In most cases, the court won't hear your appeal unless you have already asked for a review by the LTB.
It's 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.