Appeals Used to Delay Eviction: What Landlords Need to Know
After receiving an eviction order from the Landlord and Tenant Board, some tenants choose to file an appeal—not necessarily to challenge the decision on valid legal grounds, but to delay enforcement.
This strategy can temporarily stop the eviction process. However, with the right response, landlords can minimize delay and protect their financial position. If you are facing this situation, Babbar Legal can assist in moving the matter forward efficiently and preventing unnecessary losses.
The Right to Appeal an Eviction Order
Under Ontario law, a tenant has the right to appeal an eviction order to the Divisional Court. However, this right is limited. Appeals can only be brought on a question of law—not simply because the tenant disagrees with the outcome.
Despite this limitation, once an appeal is filed, the eviction order is automatically paused. This “stay” remains in place until the appeal is resolved.
In practical terms, this means that even a weak or unsupported appeal can delay enforcement, at least temporarily.
When Appeals Are Used as a Delay Tactic
In some cases, tenants use the appeal process strategically rather than legitimately. The goal is often to take advantage of the automatic stay while continuing to occupy the unit without paying rent.
Courts have recognized this behaviour as an abuse of process in certain circumstances.
A common indicator of this misuse is where a tenant has accumulated significant rent arrears and shows no intention of addressing them, yet proceeds with an appeal anyway.
While courts are cautious about dismissing appeals too quickly, they do have the authority to quash an appeal that is clearly without merit or brought for improper purposes.
How Landlords Should Respond
Time is critical when an appeal is filed. A passive approach can lead to prolonged delays and increasing financial loss.
Landlords should act promptly by:
- responding to the appeal without delay, and
- bringing a motion to lift the automatic stay where appropriate.
Taking these steps can significantly reduce the time a tenant remains in possession and limit further arrears. Babbar Legal regularly assists landlords with these motions and can help ensure that the process is handled efficiently and strategically.
Courts Do Not Support Abuse of the System
Ontario courts have repeatedly emphasized that the appeal process is not meant to be used as a tool to avoid paying rent or to “game the system.”
Where it is clear that an appeal lacks a genuine legal basis and is being used solely for delay, the court may intervene and terminate the appeal.
That said, these determinations depend heavily on the specific facts of each case, which is why proper legal guidance is essential.
Additional Considerations
It is important to note that appeals to the Divisional Court typically require representation by a lawyer. Paralegals are generally not permitted to act in these proceedings.
This makes it even more important for landlords to seek timely legal advice when an appeal is filed, particularly where delay tactics may be involved.
Final Thoughts
An appeal can temporarily halt an eviction, but it does not guarantee that the tenant will ultimately succeed. When used improperly, it can be challenged and brought to an end.
Landlords who act quickly and strategically are in the best position to limit financial loss and regain possession of their property without unnecessary delay.
If you are dealing with an appeal or suspect that a tenant is using the process to delay eviction, Babbar Legal can help you respond effectively and move the matter forward.