Step 4: The order

There are 4 steps in the application process:

Step 1: Choosing an application
Step 2: Filing an Application
Step 3: The Hearing
Step 4: The Order

This is Step #4: The Order.

The Member of the Board who hears the application (or reviews the documents filed in an application) will make the final decision or ruling on the application. This decision is called an order.

About the order

The order is a written decision that tells the parties what the Member has decided and may set out terms or conditions that a party must follow.

The Board will mail a copy of the order to all of the parties named in the application and their representatives.

Reasons for the order

An order may explain the reasons for the Member’s decision. The reasons explain how the Member weighed and analysed the evidence in the case to arrive at their decision.

If written reasons are not given in the order, a party to the application can ask that written reasons be issued. This request can be made during a hearing, or it can be made in writing after the hearing. If it is made after the hearing, it must be made within 30 days after the order is issued.

Types of orders

There are five types of orders that may be issued by the Board:

an interim order,
an ex parte order,
a consent order issued under section 206,
a hearing order, and
a review order.

Each type of order is described below.

Interim order

An interim order is an order that tells a party to do something before the final order is issued to decide the application. For example, it could tell one party to give a specific document to another party, or it could tell a party to pay a certain amount of money to the Board, to be held in trust until a final decision is made on the application.

Ex-parte order

Some types of applications do not have to be given to the respondent. These applications are usually decided by a Member without holding a hearing. The Member only considers the information filed by the applicant. The decision that results from this is called an ex parte order.

Hearing order

When an application is resolved by a hearing, the decision of the Member is called the hearing order. A hearing order will be issued if the application is resolved by an oral hearing, a written hearing or an electronic hearing.

Consent order issued under section 206

The Board can issue a consent order under section 206, without holding a hearing, if:

the landlord files an application to evict a tenant for non-payment of rent (Form L1) or for arrears of rent (Form L9),
the landlord and tenant work out a payment plan, and
a copy of the written payment plan is filed with the Board before the hearing.

A consent order is based on the payment plan agreed to by the parties.

Enforcement of a Board order

An order issued by the Board is similar to a court order. Most of the terms and conditions of Board orders can be enforced through the courts. For example, an eviction order can be filed with the Court Enforcement Office (also known as the Sheriff’s office) to be enforced; or an order for payment of money may be filed with the Small Claims Court for enforcement.

Most orders are final and cannot be changed

Once the Board issues an order, it is final. The Board will not change the order because a party does not like the decision or because a party believes that a different decision should have been made.

However, there are a few circumstances when it is possible for an order of the Board to be changed. These are set out below.

Amending an order

A Member can amend an order to correct a clerical mistake, such as a spelling error in a party’s name, an error made in calculating an amount, or some other unintentional error.

If a party to the application notices a clerical mistake in the order, they can file a written request to ask the Member to amend the order. This request must be filed within 30 days of the date of the order. It must also clearly state what the error is and why it should be corrected. There is no fee to make this request.

Review of an order

The Board can review an order on the grounds that a ‘serious error’ has been made in the order. A serious error can be:

an error related to the Board’s authority (for example, the Board ordered something that it was not allowed to order),
an error in the processing of the application that interfered with the rights of a party,
an error in how the Board looked at the evidence or made conclusions,
in very limited cases, where new evidence has become available (but usually only if that evidence did not exist at the time of the original hearing), or
if a party to the application was not reasonably able to participate in the Board’s proceedings.

A written Request to Review an Order must be filed with the Board within 30 days of the date the order. There is a fee of $50.00 to file the request.

The person filing the request must explain in detail the error or errors which they believe the Member made, and must specify the changes they think should be made in the order.

If the party filing the request wants the order stayed (or put ‘on-hold’) until a decision can be made, they must ask for this in their request, and give reasons why the order should be stayed.

The Board can also decide to review a Member’s order if the Board believes that it may contain a serious error. However, in the majority of cases, it is the parties to the application who make the request.

Appealing an order

Any person affected by a Board Order can appeal the order to the Divisional Court. This court is the branch of the Superior Court of Justice that hears appeals from the decisions of Boards and Tribunals in Ontario.

An appeal of an order may only be made on a question of law. In general, this means a person must believe the Member who issued the order made an error in how they interpreted or applied the law in reaching their decision.

An appeal to Divisional Court must be filed within 30 days of the date the order was issued.

When an appeal of an order is filed with the Divisional Court, the order is automatically stayed, and cannot be enforced – unless the Divisional Court lifts (or removes) the stay at the request of a party.

The procedures for filing an appeal to the Divisional Court are set by the Court, not by the Board. The assistance of a lawyer may be necessary in order to properly file an appeal.

Other processes

There are a few other processes that may change an order of the Board, they are set out below.

Motion to set aside an ex parte order

The following applications may result in an ex parte order:

an application filed by the landlord to end the tenancy because the tenant agreed to move out on a specific date or gave notice to move out on a specific date (L3 application),
an application filed by the landlord to end the tenancy because the tenant did not meet the terms of a mediated agreement or order (L4 application).

If an ex parte order is issued, the respondent can ask the Board to set aside (or cancel) the order. This can only be done for certain reasons, and the Board has a form that you should use.

The request to set aside an order is called a motion. The motion must be filed with the Board within 10 days after the date of the order. When a motion is filed, a hearing will be held and the Member will make a decision about the order.

Note: When a motion to set aside an order is filed by the deadline, the order is automatically stayed (or put on hold) and it cannot be enforced.

If a motion to set aside is filed after the deadline, the party making the request must also file a written request to extend the deadline to file the motion. The request must state why the party missed the deadline and why they believe the deadline should be extended. The Board has a form called a Request to Extend or Shorten Time that a party may use. When a motion is filed after the deadline, the order is not automatically stayed, and the person filing the motion must specifically request it.

Request to Re-open an application resolved by a consent order under section 206 or a Board mediated agreement

A landlord can file a request to re-open an application if the tenant does not make a payment required in the consent order under section 206.

A landlord or a tenant can request to re-open an application, if the other party does not meet a term in the Board mediated agreement.

Either a landlord or tenant can file a request to re-open the application if they believe that the other party misled them or forced them to sign the payment agreement or the mediated agreement.