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Appealing an ORT Order

Parties may be able to appeal a decision in some cases. A party can only appeal on the basis of a "mistake of law" or "mistake of jurisdiction”.

A tenant who wishes to appeal an order of possession based on overdue rent must continue to pay rent until the matter is decided.

These reasons are complicated. A person who is unsure whether a certain decision can be appealed can ask the Office of Residential Tenancies (ORT) or a lawyer. A person cannot appeal just because the ORT or the Court believed one person's evidence instead of the other person.

A party has 30 days from the date of the ORT's order to appeal. They may be given extra time if they can show that they did not receive the order in a timely manner. The appeal is made to the Court of Queen's Bench. If the Court of Queen's Bench made the decision, a person appeals to the Court of Appeal. The appeal must be made within 30 days and the person may need permission from the Court of Appeal.

No one can act on the order of the ORT or the Court of Queen's Bench until...

  • 30 days have passed, or
  • any appeal that a landlord or tenant made has been decided.

For example, if the ORT makes an order for payment of rent, the landlord cannot enforce it until 30 days have passed or until any appeal is decided. An order for possession is an exception. The Sheriff posts the order of possession immediately at the rental unit. Unless the tenant appeals within the time given, for example 48 hours, the Sheriff will remove the tenant at the end of this time.

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