When a case at Ontario's Landlord and Tenant Board (LTB) has been settled and the deal falls apart, the Request to Re-open an Application puts it back in front of the Board. A landlord typically files it after the tenant breaches a mediated settlement or misses a payment due under a section 206 consent order, in order to get a hearing on the application that was originally filed.
At a glance
| Filed by | A party whose application was resolved by mediation or by a consent order under s. 206 |
| Trigger | The other side breaches a term, or the agreement was affected by coercion, deliberate misrepresentation or lack of capacity |
| Time limit | s. 206 consent order: 30 days from the missed term, or 30 days from the order where the ground is coercion or misrepresentation. Mediated settlement: one year from signing |
| Filing route | Tribunals Ontario Portal, followed by service with the Notice of Hearing |
| Fee | Not on the LTB fee schedule |
| What follows | A Certificate of Service, or an L4 in its place where the order permits |
What can be re-opened, and on what grounds
Two kinds of resolution qualify:
Mediated settlements
These are agreements reached with an LTB mediator, also called a Dispute Resolution Officer. Rule 13.7 makes clear that such a settlement is not an LTB order. Under Rule 13.11, a party may ask to re-open where:
- the other side failed to meet a term;
- the party asking lacked capacity; or
- the other side coerced the party asking, or knowingly misled them in a way that materially affected the settlement.
Section 206 consent orders
On an L1 or L9, a signed Payment Agreement becomes a repayment-plan order under s. 206 of the RTA. The landlord can re-open if the tenant does not comply with a term (s. 206(4)), and either party can re-open on the ground of coercion or deliberate misrepresentation (s. 206(5)).
An application decided by a regular LTB order after a hearing cannot be re-opened (Rule 13.13). That kind of order is challenged by appeal or by a review, and they run on their own timelines.
Choosing between re-opening and an L4
- L1 consent order that contains an L4 term, and the tenant missed a payment. You can go either way. Where the order includes a term permitting an application under s. 78, an L4 can be filed without notice and without a fee, and the tenant is not heard beforehand. Re-opening, by contrast, results in a hearing on the original application. An L4 term in the order does not stop you from re-opening (s. 206(5.1)).
- An order with no L4 term, or any L9 consent order. Re-opening is how you deal with a missed payment.
- Settlement under s. 194 that includes an L4 clause. An L4 is available here as well where the settlement provides for it (s. 78(1)).
- A clerical mistake in an order is not a reason to re-open; the fix is to file a Request to Amend an Order.
Time limits
- Consent order under s. 206, term not met: file within 30 days of the tenant's failure at the latest (s. 206(6)). The period is prescribed, so the LTB has no power to extend it (item 19 of O. Reg. 516/06, s. 56).
- Consent order under s. 206, coercion or misrepresentation: the 30 days run from the date of the order (s. 206(5)).
- Mediated settlement: file within one year of signing, unless the parties agreed on a longer period (Rule 13.12). Unlike the consent-order limit, you may ask for more time here by filing a Request to Extend Deadline together with the request.
- Service: the request and the Notice of Hearing must be served no less than 15 days ahead of the hearing (RTA s. 206(7); Rule 5.13), and a Certificate of Service filed afterwards.
Treat every instalment date on its own terms. The 30 days are measured from the particular failure you are relying on, not from the first problem with the tenancy.
Completing the form
The version in use carries the date v. 01/04/2022.
Part 1 (General Information)
Start with the file number of the application you want re-opened. Indicate your role, then provide your own contact details (name, mailing address, phone numbers), the address of the rental unit, and the other party's details, adding a Schedule of Parties if there is more than one. Use the Related Applications area to list any other LTB files that concern the same unit.
Part 2 (Reasons for Re-Opening your Application)
Begin by identifying how the application was resolved: either a s. 206 repayment-plan consent order, or an agreement mediated by an LTB mediator. Next, select a single reason:
- the other party failed to meet a term of the consent order or the mediated agreement;
- you were forced into the agreement by the other party, or the other party deliberately gave false or misleading information that materially affected it; or
- you, as the requesting party, did not have the capacity to enter into the mediated agreement.
For reason 1, your explanation must set out exactly which terms were breached and in what way (for consent orders, s. 206(4) requires it). Give the date each payment was due, the amount owing, and what was actually paid and on what date. For reason 2 or 3, describe the events.
Part 3 (Signature)
Indicate whether you are the requester, a representative or other, give a name and phone number, then sign and date. Representatives also give their licence number and contact information. If the matter being re-opened is a mediated settlement, attach a copy of it (Rule 13.12).
Filing and service
The LTB identifies the Tribunals Ontario Portal as the way to file this form, and lawyers and paralegals are required to use it. The Board then schedules a hearing and sends out a Notice of Hearing. Delivering the request and that notice to the other party is up to you (s. 206(7)), and afterwards you file a Certificate of Service under Rule 3.8.
How re-open requests go wrong
- Filing outside the 30 days on a consent order. Section 206(6) sets a prescribed limit, so no extension is possible.
- Describing the breach in general terms. On a consent order, the Board will only reach the merits once it is satisfied the tenant breached a term (s. 206(8)). Spell out the term, the date and the amount short.
- Leaving out the mediated settlement. Rule 13.12 makes a copy mandatory.
- Trying to re-open a regular order. Apart from s. 206 consent orders, Rule 13.13 does not allow an application resolved by an order to be re-opened.
- Late service, or none. Rule 5.13 sets a minimum of 15 days before the hearing, and failing to serve can result in dismissal (Rule 5.17).
- Accepting payments after the breach without a plan. Late payments taken after a default can muddy which failure you are relying on and when your 30 days began. Keep careful records of every payment.
At the hearing
The LTB's first question is whether a ground for re-opening has been made out: a breached term, or coercion or deliberate misrepresentation with a material effect on the agreement (s. 206(8)–(9)). If so, the Board goes on to hear the original application on its merits and can make whatever order it would have made in the first place, which on an L1 can include eviction. If it has not, the Board dismisses the request, leaving the settlement or consent order untouched.
Frequently asked questions
Which is better after a missed payment: an L4 or re-opening?
Where the L1 consent order allows an application under s. 78, the L4 is quicker, with no notice to the tenant, no prior hearing and no fee. Re-opening is the better fit for L9 orders, orders that lack that term, and files where you would rather have the whole case heard.
The tenant keeps missing payments. Am I out of time after 30 days?
Section 206(6) measures the 30 days from "a failure of the tenant to meet a term" (statutory wording), so read literally, each later missed payment starts its own 30 days. The LTB has not issued guidance on how it handles a series of missed payments, so file quickly after the first default you rely on and take advice before relying on a later one. A default that is more than 30 days old cannot carry the request by itself, because that limit is not extendable.
Is re-opening open to tenants as well?
Yes. Within 30 days of a s. 206 consent order, either party may seek to re-open it for coercion or deliberate misrepresentation. Under Rule 13.11, the same is true of both parties to a mediated settlement.
Who is responsible for serving the Notice of Hearing?
Whoever filed the request. They must give the other parties both the request and the Notice of Hearing (s. 206(7)), no less than 15 days before the hearing.