Request to Review an Interim Order (LTB)

🥷 Caselaw.Ninja, Riverview Group Publishing 2025 ©
Date Retrieved:	2025-08-02
CLNP Page ID:	2522
Page Categories:	[Hearing Process (LTB)], [Appeals], [Category:Request to Review (LTB)]
Citation:	Request to Review an Interim Order (LTB), CLNP 2522, <https://rvt.link/g6>, retrieved on 2025-08-02
Editor:	Sharvey
Last Updated:	2025/08/01

Residential Tenancies Act, 2006, S.O. 2006, c. 17

209 (1) Except where this Act provides otherwise, and subject to section 21.2 of the Statutory Powers Procedure Act, an order of the Board is final and binding. 2006, c. 17, s. 209 (1).

(2) Without limiting the generality of section 21.2 of the Statutory Powers Procedure Act, the Board’s power to review a decision or order under that section may be exercised if a party to a proceeding was not reasonably able to participate in the proceeding. 2006, c. 17, s. 209 (2).

Landlord and Tenant Board Rules

A4.1 The tribunal may exercise any of its powers at the request of a party, or on its own initiative, except where otherwise provided.

A4.2 The tribunal may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.

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Powers of the LTB

1.6 In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

a. waive or vary any provision in these Rules and may lengthen or extend any time limit except where prohibited by legislation or a specific Rule;

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u. take any other action the LTB considers appropriate in the circumstances.

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Rule 26 - Review of Orders

26.1 Any party may request review of any order which makes a final determination of the party's rights. For these purposes an interim order may contain a final determination of rights. A person who is directly affected by a final order may also request a review of an order.

26.2 The parties to the request to review are the parties to the order, the person requesting the review, and any other person added to the proceedings by the LTB.

26.3 The LTB may review an order on its own initiative where it considers appropriate and will issue directions to the parties with respect to the conduct of the review. A party or a directly affected person cannot request an LTB initiated review of an order.

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Limits on Further Requests for Review

26.18 The LTB will not consider a further request to review the same order or to review the review order from the same requesting party.

26.19 A party or directly affected person may request a review of the same order on different grounds provided the requestor's interests in the proceeding are different from those of the first requestor.

Pham v Deschambeault, 2021 CanLII 148005 (ON LTB)

4. Rule 26.1 of the Board’s Rules states:

“Any party may request review of any order which makes a final determination of the party’s rights. For these purposes an interim order may contain a final determination of rights. A person who is directly affected by a final order may also request a review of an order.”

5. It is clear that Rule 26.1 allows for a review of an interim order if that order determines in a final way the rights of a party. Here, the Interim Order makes no final determination whatsoever.

6. The Interim Order simply sends the L1 application to another Board hearing, allowing for both parties to be notified properly of the next scheduled hearing. Being duly notified of, and being able to participate in, a properly scheduled Board hearing are fundamental precepts of our system of justice.

7. Consequently, the Landlord’s request-to-review the Interim Order is denied.

Thu Tran v Mitchell, 2021 CanLII 78907 (ON LTB)

3. Rule 26.1 permits a request to review an interim order if that order determines the rights of a party.

4. In this case, the interim order only preserves the rights of the Sub Tenants pending the outcome of the application. It does not finally determine the rights of any party. It does not finally resolve the issues in the application such as whether the Tenant or Sub Tenants were illegally locked out of the rental unit.

5. Therefore, on the basis of the submissions made in the request, I am not satisfied that there is a serious error in the order or that a serious error occurred in the proceedings and/or that the Landlord was not reasonably able to participate in the proceeding.