Landlord-Tenant Case Outcomes: Can I Appeal a Decision?
The Landlord and Tenant Board make rulings about landlord-tenant disputes concerning issues such as eviction, property damage, rent payments, pets, and more. If you believe a recent landlord-tenant dispute you were involved in ended with an incorrect decision, you have options available to you.
Specifically, you have three options: You can either request to amend an order (decision), request to review an order or appeal an order to the Divisional Court of the Superior Court of Justice.
Request to Amend an Order
If you feel there was a specific mistake or mistakes made in the proceedings of the order, you can request to amend it. This action is generally for clerical errors, such as incorrectly calculated damages or misspelled names or addresses.
Request to Review an Order
For more serious errors in the proceedings or final decision, a review of the order can be requested. For example, if you believe that the hearing procedure was faulty in some way and thus caused the wrong facts to be relied upon in the final decision, a review may be necessary.
Appeal an Order
Appeals can also be made when a party believes that an error in law was made by the Board. For example, if the wrong law was applied to the case altogether or if the board applied a law incorrectly, both of these situations would warrant an appeal. In this case, the Divisional Court of the Superior Court of Justice would review the decision and possibly change it.
You have until 30 days after the issue date of the order to appeal a Board decision. To carry this process out, you must work directly with the Divisional Court of the Superior Court of Justice and also send a copy of your appeal documents to the Landlord and Tenant Board office.
Having Professional Landlord Lawyers on your side makes all the difference.
If you are concerned about a recent decision made in a landlord-tenant case you are involved in, having the case amended, reviewed, or appealed is a wise decision. It has certainly happened before that the Landlord and Tenant Board has made bad rulings.
Often, however, organizing your appeal into a coherent argument is extremely challenging. The paperwork alone can be confusing for those who aren’t legal professionals. Furthermore, even carefully carried-out Landlord and Tenant Board appeals may not end up in your favor.
In these situations, it’s wise to seek the assistance of an experienced landlord lawyer who can create a sound case on your behalf and help you win your appeal.
HLD lawyers have been responsible for numerous precedent-setting residential tenancy law decisions, and we have over 3 decades of experience helping individuals appeal unfair landlord-tenant decisions.
To get help with your appeal today, contact HLD landlord lawyers online or call 416-800-2557. We would be happy to meet with you for a free consultation to discuss your case.