Right of Appeal (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-09
CLNP Page ID:	520
Page Categories:	[Appeals]
Citation:	Right of Appeal (LTB), CLNP 520, <https://rvt.link/b3>, retrieved on 2024-05-09
Editor:	Sharvey
Last Updated:	2024/02/14

Guides

• https://www.ontariocourts.ca/scj/files/pubs/guide-div-ct-judicial-appeals-EN.pdf
• https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/notices-no-longer-in-effect/notice-landlord-and-tenant-board/
• Ontario Courts
• Divisional Court Regional Breakdown
• Divisional Court Online Filing Portal

Forms

• Notice of Appeal (Form: 61A.1)
• Appellant’s Certificate Respecting Evidence (Form: 61C)
• Requisition for a Stay LLTB (Form: 63B)
• Affidavit of Service (Form: 16B)

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

210 (1) Any person affected by an order of the Board may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law.

(2) A person appealing an order under this section shall give to the Board any documents relating to the appeal.

(3) The Board is entitled to be heard by counsel or otherwise upon the argument on any issue in an appeal. 2006, c. 17, s. 210 (3).

(4) If an appeal is brought under this section, the Divisional Court shall hear and determine the appeal and may,

(a) affirm, rescind, amend or replace the decision or order; or

(b) remit the matter to the Board with the opinion of the Divisional Court. 2006, c. 17, s. 210 (4).

(5) The Divisional Court may also make any other order in relation to the matter that it considers proper and may make any order with respect to costs that it considers proper. 2006, c. 17, s. 210 (5).

R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE

63.01 (1) The delivery of a notice of appeal from an interlocutory or final order stays, until the disposition of the appeal, any provision of the order for the payment of money, except a provision that awards support or enforces a support order. O. Reg. 465/93, s. 8.

(2) The delivery of a notice of appeal from an order refusing to set aside a default judgment does not stay the default judgment, but it may be stayed by order and rule 63.02 applies as if the appeal were from the default judgment. O. Reg. 465/93, s. 8.

(3) The delivery of a notice of appeal from an interlocutory or final order made under the Residential Tenancies Act, 2006 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 co-operative and evicting the member. O. Reg. 43/14, s. 20 (2).

Lafontaine v. Grant, 2019 ONCA 552 (CanLII)

[6] The Divisional Court noted that s. 210 of the RTA restricts the right to appeal from the Board to questions of law. The Divisional Court dismissed Mr. LaFontaine’s appeal on the basis that it did not raise a question of law. Instead, that court stated that Mr. LaFontaine was challenging the findings of fact made by the Board: “[H]e disagrees with the Board’s finding that he has his own kitchen and bathroom in the basement, and he disagrees with the finding that the Respondent was not required to share any such facilities with him.”

[7] From the materials filed by Mr. LaFontaine on this motion, it is apparent that his quarrel with the Board’s decision at most raises a question of mixed fact and law – namely, whether the particular configuration of his rental accommodation brought it within the exemption in s. 5(i) of the RTA. The limited right of appeal available under s. 210 of the RTA leads me to conclude that there is little merit to Mr. LaFontaine’s proposed appeal of the Divisional Court’s order. In those circumstances, I do not see that the justice of the case requires granting Mr. LaFontaine an extension of time to file a motion for leave to appeal.