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You lost an LTB hearing. The order is in your inbox. Eviction was denied, rent was abated, or the application was dismissed entirely.
Your first instinct is to find out whether you can undo it.
The answer: sometimes yes, under a specific mechanism called a review of an order under RTA Section 209. This is not an appeal. It is not automatic. And it is not a second chance to re-argue the same case with better evidence.
But when the grounds are right, a review can reopen your case — and it is the first step you need to take before any further action.
This guide explains what a review is, when it works, how to file one, and what to expect from the process in Ontario — including timelines and practical guidance for landlords in London, Middlesex County, and surrounding areas.
What Is an LTB Review of an Order?
Under RTA Section 209(1), the Landlord and Tenant Board has the power to review, vary, cancel, or confirm any order it has already issued. This is not an external appeal — you are asking the same body that made the original decision to look at it again.
The review is governed by Rule 26 of the LTB's Rules of Procedure. Either party can request a review — landlords and tenants both have standing. You file using the Request for Review of an Order form, available at tribunalsontario.ca/ltb.
The key thing to understand upfront: the LTB treats this mechanism narrowly. It is not a do-over. It is a procedural correction tool. The grounds that qualify are specific, and applications that do not meet them fail at the first stage without a hearing.
Grounds for a Review: What the LTB Accepts
This is the critical filter. The LTB does not grant reviews because you disagree with the outcome. You must identify one of the accepted grounds under Rule 26.
1. Serious Error
The order contains a serious error of law, fact, or jurisdiction. This covers:
- The adjudicator applied the wrong legal standard
- The adjudicator misread key evidence in the record
- The order contains a factual finding clearly contradicted by the evidence on the record
- The adjudicator exceeded the LTB's jurisdiction (decided something outside the Board's authority)
A disagreement with how the adjudicator weighed evidence is not a serious error. Adjudicators are entitled to weigh conflicting evidence and make findings. The review mechanism is not a re-weighing exercise.
2. Denial of Natural Justice
This ground covers situations where a party did not get a fair opportunity to present their case:
- You were not notified of the hearing date
- You were denied an opportunity to present evidence at the hearing
- New and relevant evidence has come to light that was genuinely unavailable before the hearing (this is a high bar — evidence you forgot to bring does not qualify)
This is the most commonly successful ground for landlords, particularly when they missed a hearing because of a notice issue. See /blog/ltb-default-order-ontario for what happens when a landlord misses a hearing and a default order is issued.
3. Fraud
The order was obtained through fraud by the other party. This is a high bar and rare in residential tenancy proceedings. You must show deliberate deception — not just that the other party's evidence was wrong.
What Is NOT a Ground for Review
Understanding what fails is as important as understanding what qualifies.
The following are not valid grounds:
- You don't like the result. The most common non-ground. A review is not available simply because you disagree.
- You found better evidence after the fact that you could have obtained before. If you could have retrieved it before the hearing but didn't, it is not "new" evidence in the legal sense.
- Your paralegal or lawyer made errors. The quality of your representation at the original hearing is generally not grounds for a review. Your representative acted as your agent.
- You had a minor notice defect but the hearing proceeded anyway. If the defect was raised and ruled on at the hearing, it is part of the record — not new.
- You simply want to present your case differently. A review is not a second hearing for the same evidence argued a different way.
Review vs. Appeal to Divisional Court
Ontario landlords often confuse two distinct processes:
| LTB Review (RTA s.209) | Divisional Court Appeal (RTA s.210) | |
|---|---|---|
| Where filed | LTB itself | Ontario Superior Court of Justice |
| Who hears it | LTB adjudicator (usually different person) | Three-judge panel |
| Grounds | Serious error, denial of natural justice, fraud | Questions of law only |
| Filing fee | $53 | $229+ |
| Legal representation | Advisable, not required | Strongly required |
| Timeline | 4–12 weeks for preliminary decision | 12–24+ months |
| Success rate | Low but significantly faster | Very low; reserved for clear errors of law |
The practical rule: exhaust the s.209 review mechanism first. It is faster, cheaper, and has broader grounds. A Divisional Court appeal should only follow if the review is denied and there is a clear question of law worth pursuing.
How to File a Review Request: Step by Step
Step 1: Identify the Error and Match It to a Ground
Before filing anything, write out exactly what mistake you believe was made and which ground it falls under. Vague grounds — "the adjudicator didn't understand my situation" — fail at Stage 1. Be specific: name the evidence that was misread, the legal principle that was misapplied, or the procedural failure that occurred.
Step 2: Get the Review Form
Download the Request for Review of an Order form from tribunalsontario.ca/ltb. The form asks for the order number, the grounds, and supporting documentation.
Step 3: File Within 30 Days
The deadline is 30 days from the date the order was issued. This is a hard deadline. Requests filed after 30 days require leave (permission to file late), which is rarely granted. Do not wait.
The 30-day window starts from the issue date on the order — not the date you received it. If you received the order late due to a service address issue that the LTB was responsible for, that may extend the window, but you must raise it explicitly.
Step 4: Serve the Other Party
You must serve a copy of the review request on the opposing party (the tenant, in most landlord scenarios) on the same day you file or the next business day. Keep your proof of service — you will need to show it to the LTB.
Step 5: Pay the Filing Fee
The current filing fee is $53.00, payable through the LTB's online portal.
Step 6: Wait for the Preliminary Review Decision
The LTB conducts a preliminary review before scheduling any hearing. A senior adjudicator reviews the written materials — no oral hearing at this stage. The question is whether the stated grounds disclose a serious issue that warrants a full review.
If denied: the original order stands.
If granted: you receive a Notice of Hearing for a review hearing.
Timelines: What to Expect
| Stage | Typical Timeline (London/Middlesex Area) |
|---|---|
| Deadline to file review request | 30 days from order issuance |
| Preliminary review decision issued | 3–6 weeks after filing |
| Full review hearing scheduled (if granted) | 6–14 weeks after preliminary decision |
| Full review hearing decision | 4–8 weeks after hearing |
| Total (if full hearing required) | 4–7 months from original order date |
For London-area landlords: review hearings run through the same scheduling queue as new applications. The London Regional LTB currently operates primarily via video hearings. Expect 8–14 weeks from the grant of a preliminary review to the hearing date.
Enforcement During a Review: Critical Timing Issue
Filing a review request does not automatically stay (pause) the enforcement of the original order.
If the original order required you to do something — pay an abatement, complete repairs — the order remains in effect while the review is pending. If the order was a default eviction order that you won, the tenant may seek a review while that order is active.
If you need to halt enforcement while a review proceeds, you must separately request a stay of the order — either from the LTB at the time of filing your review request, or from Divisional Court. A stay requires showing that enforcement would cause irreparable harm. It is not granted automatically and most requests are denied without strong grounds.
This is one of the most common and costly misunderstandings: landlords assume that filing the review pauses everything. It does not.
The Two-Stage Review Process
Stage 1: Preliminary Review
A senior LTB adjudicator — typically a different person from the one who issued the original order — reviews the written materials only. No hearing is held. The question at this stage is simply: do the stated grounds potentially disclose a serious error or procedural unfairness?
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The standard for passing Stage 1 is lower than the standard for success at the full hearing. The senior adjudicator is asking "is there anything here worth looking at?" — not "does this review request succeed?"
Preliminary review decisions:
- Denied — The grounds as stated do not disclose a reviewable issue. Original order stands.
- Granted — Full Hearing Ordered — A review hearing will be scheduled.
- Corrected on the Record — In limited circumstances, the senior adjudicator may correct an obvious error immediately without a full hearing.
Stage 2: Review Hearing (If Granted)
The review hearing is a fresh hearing of the issues raised in the review request. The reviewing adjudicator is not bound by the original adjudicator's findings on the issues under review — they hear the evidence and arguments fresh on those specific issues.
Scope is critical: the review hearing is limited to the grounds identified in the review request. If your review was granted because you were not given the chance to present key evidence, the hearing focuses on that evidence. Grounds you did not raise are not in scope.
This is why your review request must be thorough. You cannot add new grounds at Stage 2.
London and SW Ontario Context
London-area landlords should know several practical things about the review process:
File through the LTB online portal, not at the counter. Counter filings have been significantly slower since the LTB's move to online-first operations. The portal time-stamps your filing immediately — critical when you are near the 30-day window.
Keep electronic records of the original hearing. If your review is granted, you will need your original evidence organized for a video hearing. Review hearings in London/Middlesex follow the standard video format. If you used paper binders at the original hearing, digitize everything before the review.
Rental licence implications. If the original order involves conditions linked to your City of London Rental Housing Licence (for example, an abatement referencing property standards deficiencies), the review is separate from any City property standards enforcement. Filing a review does not pause a property standards order from the City of London.
St. Thomas and Strathroy landlords use the same London Regional LTB office and online portal. The same 30-day window and video hearing format applies.
When to Hire a Licensed Paralegal
Review requests are technically available to self-represented landlords, but they are not simple. The preliminary review is entirely written — your grounds need to be stated precisely and with legal framing. A vague submission will be denied at Stage 1 without explanation.
Consider hiring a licensed paralegal if:
- The original order involved a significant dollar amount (abatement of $2,000+, or an eviction outcome that materially affects your rental income)
- You believe the adjudicator made a legal error, not just a factual one you disagree with
- You missed the original hearing and need to demonstrate lack of notice
- You are past 30 days and need to argue for leave to file late
Licensed paralegal fees in the London area for review request preparation typically range from $400–$900 for the written submission, with higher fees if a full hearing is granted and requires attendance.
The Landlord's Self Help Centre (1-800-730-3218) provides free advice to small landlords navigating LTB procedures and can help you assess whether your grounds are strong enough to pursue.
7 Common Mistakes
1. Missing the 30-day deadline. The most common and most fatal mistake. Landlords delay seeking advice after a bad order and miss the window. If you miss 30 days, you need the LTB's permission to file late — and "I didn't know about the process" is not an accepted reason.
2. Stating the grounds as disagreement, not error. "I think the adjudicator was wrong" describes an outcome. "The adjudicator found the N4 termination date was valid when the deemed-received calculation clearly produced a different date" describes a reviewable error. Be specific.
3. Assuming the review pauses enforcement. A review request does not stay the original order. Read the order for any compliance deadlines and address them while the review is pending, or separately request a stay.
4. Presenting evidence you could have brought to the original hearing. "I should have brought this" is not "new evidence." Evidence must have been genuinely unavailable at the time of the original hearing. Forgetting it does not meet that standard.
5. Not serving the other party. You must serve the opposing party a copy of your review request on the day you file or the next business day. Failing to serve properly can result in the review being dismissed.
6. Confusing a review with an appeal. The Divisional Court appeal under s.210 is a separate, slower, and more expensive process for questions of law only. Most situations call for the s.209 review first.
7. Poor documentation of the original case. If your review is granted, you need to present your original evidence at the review hearing. Landlords who manage properties without a systematic record-keeping process often find themselves unable to reconstruct what they submitted at the original hearing. See /blog/landlord-record-keeping-ontario for what to track from day one.
FAQ
Can I request a review if I think the adjudicator was simply wrong? Not on that ground alone. An adjudicator's different interpretation of the same evidence is not a reviewable error. Reviews are available for serious legal mistakes, procedural unfairness, and fraud — not for outcomes you disagree with.
How much does it cost to file a review request? The LTB filing fee is $53.00. Paralegal fees for preparing the written submission range from $400–$900 in the London area, plus additional fees if a full hearing is scheduled.
Does filing a review stop enforcement of the order? No. Filing does not stay the original order. You must separately request a stay from the LTB or Divisional Court if you need enforcement paused. Stays are not automatically granted.
What happens if the preliminary review is denied? The original order stands. Your remaining option is a Divisional Court appeal under RTA s.210, which is limited to questions of law and takes significantly longer — typically 12–24 months to a hearing.
Can tenants also use this process? Yes. Tenants have the same review rights under s.209 as landlords. A tenant who receives an eviction order can request a review within 30 days. This is separate from the void period process and the set-aside process for default orders.
What can the LTB actually do at a review hearing? The Board can confirm the original order, vary it, cancel it, or substitute a new order. The reviewing adjudicator has the full range of remedial powers on the issues under review.
Can I appeal to Divisional Court without first going through the review process? Yes — s.210 allows a direct appeal to Divisional Court on questions of law without a prior review. But a review is faster and cheaper, and Divisional Court appeals are very rarely successful. Most practitioners recommend exhausting the review mechanism first.
What if I missed the 30-day deadline because of a medical emergency? You can request leave to file late and must explain the reason in writing with supporting documentation. Medical emergencies and serious personal crises are recognized reasons, but the request must be filed promptly once you are able — prolonged inaction after the emergency ends weakens the request.
How Prospera Helps
A hearing that goes the wrong way often traces back to a fixable problem: documentation that wasn't organized, a notice that wasn't served correctly, or evidence that wasn't framed properly before the hearing.
Prospera Properties helps London-area landlords build the systems that prevent LTB problems from arising in the first place. When issues do reach the Board, we can connect you with licensed paralegals in the London, St. Thomas, and Strathroy area who handle review requests.
If you are self-managing and want fewer surprises at the LTB, see how Prospera works at /pricing.