Request to Assign a New Member: When Your LTB Decision Is Delayed

The Request to Assign a New Member is the Ontario Landlord and Tenant Board (LTB) form for a motion asking the LTB to give your file to a different Member, when the original Member cannot finish or has missed a deadline the Chair set. For landlords waiting months on a decision, it is the formal remedy for delay, with strict preconditions.

At a glance

What the form is for

Section 4.4 of the Statutory Powers Procedure Act lets a tribunal chair assign another panel to complete a hearing or make a decision. It applies if a one-person panel dies, is or appears unable to finish, or has failed to finish within a time the chair specified. LTB Rule 27 and the Practice Direction on Motions to Assign a New Member Due to Delay set out how a party asks.

A motion is only available where the original Member:

1. has died, or is or appears for any other reason unable to complete the hearing or make a decision; or
2. has not completed the hearing or made a decision by a deadline previously specified by the Chair.

The Practice Direction is explicit: this motion cannot be used for any other reason.

When to use it (and when not to)

Use it when your hearing ended, no further dates are scheduled, at least 90 days have passed since the last hearing date or submission deadline, and your written inquiry has not produced a decision.

Do not use it:

• to change Members because you disagree with them or think they are biased. That is not a ground under Rule 27;
• to speed up an adjourned hearing. The Practice Direction says to use a Request to Shorten Time instead;
• while further hearing dates are scheduled or expected. The LTB will not accept the motion.

Deadlines

The LTB will not accept the motion until at least 90 days after the later of:

• the last hearing date, if no further hearings are scheduled or expected;
• the deadline for any post-hearing submissions the Member set;
• the last submission deadline in a written hearing.

(Rule 27.2; form; instructions.)

Before filing, you must have made a written inquiry about the status of the hearing or decision (Rule 27.1). The instructions and Practice Direction say to email LTB@ontario.ca with your file number in the subject line. Keep that email. It is the first factor the LTB considers.

How to fill out the form, section by section

1. Language Preference and Accommodation (see the Accommodation Request).
2. File Numbers. List every related file.
3. Requesting Party's Information. Tick Landlord, Landlord Representative, Tenant, Tenant Representative or Other. Give your name, company (for a corporate landlord, the company name), mailing address, phones and email. - "What is the best way to communicate with you?" Ticking Email consents to receiving LTB documents by email. If there are several requesters and any want paper, do not tick Email.
4. Unit, Building or Complex Covered by the Application. Use the full address. The instructions give abbreviations for long directions (NE, NW, SE, SW).
5. Request Details. The form begins with a statement that the Member is unable to complete the matter, or that a Chair-set deadline has passed. Then explain your reasons, addressing the factors the LTB may consider: - whether you previously inquired about status (give the date of your email); - how long the delay is; - the reasons for the delay, if known; - the expected date the original Member could finish; - how complex and urgent the issues are, for example ongoing arrears or safety concerns; - the LTB's resources and any other relevant factor.

Attach your inquiry email and any reply. 6. Signature. Tick your role. Confirm the information is accurate and that the request meets Rule 27. Sign and date. 7. Information About the Legal Representative. LSO number and contact details. The LTB will use this email address to contact the representative.

Filing it

The Practice Direction says to upload the motion into the Tribunals Ontario Portal and select "Motion for Assignment of New Member" from the dropdown. The instructions also list email to LTB@ontario.ca, mail or courier to 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6, and ServiceOntario. Representatives should use the Portal. No fee is listed for this motion.

Mistakes that get it refused

1. No prior written inquiry. Rule 27.1 makes it a precondition, and the form says incomplete requests may be denied.
2. Filing before 90 days have passed. Count from the later of the last hearing date and the last submission deadline, not from the hearing.
3. Further hearing dates are scheduled or expected. The LTB will not accept the motion.
4. The wrong reason. Complaints about the Member's conduct or the expected result are "unrelated reasons" that "will not be considered".
5. No evidence of urgency or prejudice. Months of unpaid rent accumulating is relevant under the complexity-and-urgency factor. Say so, with figures.

What happens next

The LTB will normally decide the motion without a hearing and without submissions from the other parties (Rule 27.3). The Chair may assign another Member to decide it. If granted, the new Member may:

• decide on the existing record, including any hearing recording;
• continue an unfinished hearing;
• rehear some or all of the matter;
• recall witnesses or require more evidence;
• invite submissions on how to proceed.

Frequently asked questions

How long must I wait before asking the LTB for a new Member?

At least 90 days after the later of the last hearing date, any post-hearing submission deadline, or the last written-hearing deadline (Rule 27.2).

Do I have to contact the LTB first?

Yes. You must submit a written inquiry about the status of the hearing or decision before making the motion (Rule 27.1). Email LTB@ontario.ca with your file number in the subject line.

Can I use this form because I think the Member is biased?

No. The motion is only for a Member who cannot finish or has missed a Chair-set deadline.

Will there be a hearing on my request?

Normally not. The LTB usually decides it without a hearing and without submissions from the other parties.

Official sources

• Request to Assign a New Member (form)
• Instructions: Request to Assign a New Member
• Practice Direction on Motions to Assign a New Member Due to Delay
• LTB Rules of Procedure, Rule 27
• Statutory Powers Procedure Act, s. 4.4

Last reviewed October 31, 2026. This page is general information, not legal advice for your situation. Always use the current version of the form from the LTB.