It is not new that more often than not tenants and landlords in Ontario get into a dispute over rent payment, breach of agreement on settlement policy, eviction, payment for property damage, rent increase and more. When the situation seems unbearable, both parties see the landlord-tenant board in Ontario to seek a panacea to the dispute.
A landlord and tenant board Ontario is a quasi-judicial agency that presides over and resolves disputes between tenants and landlords. An application is filed, and parties involved are called to hearing after which the board passes a judgment. The board's verdict is called an order.
A party may decide to challenge an order if the outcome of the board's request is considered to contain an error and out of place. Let us look at six ways how a party can challenge an order by landlord tenant board Ontario.
A Person Can File Manager Request to Amend an Order
This is applicable if a clerical error such as the misspelling of addresses, miscalculation of damages made by the landlord-tenant board in Ontario in writing. This request can be filed the next 30 days after passing an order. Any other time apart from the stipulated time, the applicant must apply to extend or shorten time with the reason for delay attached to it.
Request an Appeal of the Board's Order
If a person believes that the board has made an error in an order, the individual can file for an appeal at the Divisional Court of the Superior Court of Justice (Ontario) to make an immediate review of the order and pass a final verdict. An applicant has to send legal documents of the appeal to the court within 30 days. After 30 days, the applicant has to write a motion for extension of time.
File For a Review of the Board's Order
If a party believes firmly that a serious error such as an error in judgment procedure of jurisdiction was made in the order, the party can file a request for a review of the board's order. This challenge of the board's order can only be considered if the party believes that the board made an error in its order. The deadline for filing a request for the board's order review is 30 days.
File a Request for Review of an Eviction Order
If the board that issues an eviction order, the party involved can file a request for review or file an appeal to a court to reconsider. The applicant has 40 days to make the filing or give a reason why he/she missed the time limit.
Request for Review of an Error in Fact
After making an order, a party can file for review of the case after evidence or new evidence emerges. This is done to achieve a more credible order on the case.
Request for Review of an Error in Procedure
Also, you can challenge the order, if during the proceedings, the witnesses were not permitted to testify or the evidence available was not accepted.
There you have it! Above is a step-by-step guide to help you challenge an order by landlord tenant board in Ontario. When filing a request for review and amendment of an order, the applicant should include the reasons. All requests for order review must be made the next 30 days after making an order. After 30 days, the applicant is to give reasons why they missed the time limit.
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