Appeals from the Landlord and Tenant Board in the Divisional Court

Overview

In respect to appeals from decisions of the Landlord and Tenant Board pursuant to s.210 of the Residential Tenancies Act, 2006 (the “RTA”), the following practices shall be followed in Divisional Court effective August 24, 2020

Delivery of Notice of Appeal

Pursuant to R.63.01(3) of the Rules of Civil Procedure, “delivery of a notice of appeal” from an order under the RTA stays, until the disposition of the appeal, any provision of the order (a) declaring a tenancy agreement terminated or evicting a person, or (b) terminating a member’s occupancy of a member unit in a non-profit housing cooperative or evicting the member.

A notice of appeal may be “delivered” within the meaning of R.63.01(3) by service of the notice of appeal and the appellant’s certificate respecting evidence on the Landlord and Tenant Board and on the landlord(s), and either:

a) transmission of the notice of appeal and the appellant’s certificate respecting evidence and proof of service to the Divisional Court by email to the following address: scj-csj.divcourtmail@ontario.ca; or

b) filing the notice of appeal together with proof of service of the notice of appeal with the Divisional Court at any Superior Court of Justice office in Ontario.

A notice of appeal may be in Form 61A.1 of the Rules of Civil Procedure (copy attached as Schedule “A” to this Notice to Profession) and an appellant’s certificate respecting evidence may be in Form 61C of the Rules of Civil Procedure (copy attached as Schedule “B” to this Notice to Profession).

Required Information in the Notice of Appeal

Notices of Appeal must include the following information:

i) The name(s) and address for service of the Tenant(s) including a working email address if the Tenant(s) have one.

ii) The name(s) and address for service of the Landlord(s) including a working email address if the Landlord(s) have one that is known to the Tenant(s).

iii)The address for service used by the Tenant(s) to give notice of the appeal to the Landlord and Tenant Board.

iv) Particulars of the decision(s) appealed including:

a) The date(s) of the decisions.

b) The name(s) of the decision-makers.

c) The file number(s) of the Landlord and Tenant Board proceedings.

d) The location where the Landlord and Tenant proceeding took place

e) Any neutral citations for the decisions being appealed (the identifying numbers for decision(s), expressed as follows: “[YEAR] HRTO ###”, for example “2002 HRTO 1234”.

v) The address (including postal code) of the residence that is the subject-matter of the tenancy.

vi) The address of the Office of the Sheriff directed to enforce the order of the Landlord and Tenant Board.