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RTA - Appeal - Timeline to Commence. Ashley Manor Housing Corporation v. Malcolm
In Ashley Manor Housing Corporation v. Malcolm (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an RTA appeal filing, this brought against an "appeal from a Review Order of the Landlord and Tenant Board ".
Here the court notes for the unrepresented appellant that a motion to extend time may be made where an appeal filing is late::[7] The LTB’s power to review its own decisions is further detailed in Rule 26 of the LTB Rules of Procedure. Rule 26.18 makes clear that a party may request only one review of the same order. It provides:26.18 The LTB will not consider a further request to review the same order or to review the review order from the same requesting party. [8] A party to a LTB proceeding may appeal either from the original final decision of the LTB, or, if it seeks a review of that decision, from the Review Decision. Either way, the appeal must be brought within 30 days of the decision pursuant to s. 210(1) of the RTA. There is no right to review a review decision, and a party cannot extend the appeal period by seeking to review a review decision. In the present case, the Tenant’s request to review the LTB decision was dismissed on July 9, 2025, and the appeal period ended on August 9, 2025.
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[13] A motion for an extension of time to appeal may be brought as a motion in writing under Rule 37.12.1, particularly if the motion is not opposed. . Daly v., 1916800 Ontario Ltd. [time for reconsideration applied to extend time for appeal commencement]
In Daly v., 1916800 Ontario Ltd. (Ont Div Ct, 2019) the Ontario Divisional Court tolerates a 'late' (more than 30 days) filing to commence an s.210 RTA appeal, where it was still filed within 30 days of the reconsideration (aka review) ruling:Timeliness of the appeal
[31] The respondent argues that Ms. Daly is out of time to challenge the December 20, 2017 decision of the Board. The respondent does not argue that the appeal from the Board’s review decision is out of time.
[32] Section 210(1) of the Residential Tenancies Act provides that an appeal to the Divisional Court is to be brought within 30 days.
[33] Ms. Daly commenced her appeal on February 22, 2018, which is less than 30 days after the issuance of the review decision on January 30, 2018.
[34] Counsel for the respondent provided no authority in support of his position that, where a review is sought, a party must nevertheless commence an appeal within 30 days of the original decision in order to challenge that decision in the Divisional Court.
[35] Imposing such a requirement defeats the purpose of allowing parties to seek an internal review of the decision prior to bringing an appeal to the Divisional Court.
[36] Therefore, we are not prepared to dismiss the appeal from the December 20, 2017 decision on the basis that the appeal was brought too late.
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