Divisional Court Appeals from the LTB

A different court, a different standard.

An LTB order is not the last word. Under section 210 of the Residential Tenancies Act, 2006, a party may appeal a Board order to the Divisional Court on a question of law. Unlike a Review Request, which stays before the Board, an appeal is heard by a panel of the Superior Court of Justice.

Which cases actually belong at the Divisional Court?

Not every adverse order is worth appealing. Appeals to the Divisional Court lie only on questions of law — not on findings of fact or on how the Board weighed the evidence. Many files that feel unjust to a landlord are, on a careful read, factual disputes dressed up as legal ones. Others contain real errors of law that a reviewing court will correct.

Saad Amjad will give you a straight answer on that question. The first conversation is usually the most important one: is there a viable question of law here, or is the client better off on a Review Request, a set-aside motion, or accepting the order and moving on? That triage can save a client tens of thousands of dollars in legal fees on an appeal that was never going to succeed.

What we do

• Assess the Board’s reasons and advise on whether a viable question of law exists.
• Draft the Notice of Appeal, factum, and appeal book.
• Arrange transcripts of the hearing below.
• Argue the appeal before the Divisional Court panel.
• Address costs, stays of enforcement, and leave issues.

Timing matters

The appeal period is short — 30 days after you are given the order. An appeal generally stays the Board’s order, but the Board or the court can order otherwise. Getting the filing right is critical. Contact the firm promptly if you are considering an appeal.