Divisional Court (Notices)

Landlord & Tenant Board Appeals (Notices)

• Notice to Profession for Appeals from the Landlord and Tenant Board in the 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:

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 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).

<ref name="NTP-LTB">Notice to Profession for Appeals from the Landlord and Tenant Board in the Divisional Court (Effective August 24, 2020), <https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/notice-landlord-and-tenant-board/>, Reterived 2020-12-14<ref>